(a) 
Introduction.
(1) 
The development of new and existing highways offers significant economic opportunities for the city and its citizens. Local highways provide easy access linkages within the city to nearby communities and to the entire U.S. highway system. The development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of our highways be controlled through careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the overlay district development area standards is to ensure that highway development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed, that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the overlay district development standards. The following design elements are addressed by the standards. A statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design, non-residential.
Design standards for non-residential buildings shall ensure that the design, color, materials and basis for proportion of structures within the overlay district development area are harmonious with the intent of this chapter.
(3) 
Building placement, non-residential.
Visual continuity and compatibility shall be achieved through the appropriate placement of buildings and related site features, such as parking and loading areas.
(4) 
Landscaping.
Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(5) 
Screening.
Required screening shall accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses, and serve as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices.
(6) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of this site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent areas are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
Overlay district development areas are those areas adjacent to U.S. Highway 75 and being five hundred (500) feet on either side of said right-of-way, from the intersection of U.S. Highway 75 with Highway 91 north to F.M. 691, and from the south city limits, north to the south boundary of Tract 1 and Tract 2 of the Blalock Industrial Park and along and adjacent to U.S. Highway 82 and being five hundred (500) feet on either side of said right-of-way.
(2) 
Compliance required.
All property within the boundaries of the overlay district development areas shall adhere to the overlay district development standards and shall be subject to site plan approval by the planning and zoning commission.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the designated overlay district development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process. The planning and zoning commission shall review the plans for compliance with the development standards and make a determination of approval or disapproval as submitted.
(d) 
Non-residential and multifamily building design.
(1) 
General provisions.
All non-residential buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Wall finishes shall be masonry, or masonry veneer, or concrete siding. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(3) 
Windows.
Reflective glass with an exterior reflectance percentage in excess of twenty-seven (27) percent, as certified through the manufacturer's specifications, shall not be used as an exterior building material on any building or structure. Windows and window walls shall not be glazed or reglazed with mirrored glass.
(4) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(5) 
Mechanical equipment.
Exposed duct shall not be permitted on any side of the building visible from the highway.
(6) 
All buildings shall have at least four architectural features from the following list.
Canopies, awnings, or porticos
Recesses/projections
Arcades (recessed porches)
Peaked roof forms
Arches
Outdoor patios
Display windows
Architectural details (such as tile work and moldings) integrated into the building facade
Articulated cornice line
Integrated planters or wing walls that incorporate landscape and sitting areas
Offsets, reveals or projecting rib used to express architectural or structural bays
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade)
Varied roof heights
(7) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(e) 
Non-residential and multifamily building placement.
(1) 
Setbacks from property lines adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with these setbacks is not feasible.
(A) 
Forty (40) feet from the highway right-of-way or twenty-five (25) feet plus the height of the building, whichever is greater;
(B) 
Fifteen (15) feet from right-of-way of all other streets intersecting with the highway.
(2) 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(A) 
Five (5) feet from rear and side property lines;
(B) 
Forty (40) feet from any residential dwelling that is zoned residential for single-story buildings not exceeding thirty (30) feet in height;
(C) 
All other buildings shall be set back from residential district lines not less than twice the height of the highest point on the building above grade. No setback shall be required in excess of one hundred (100) feet.
(3) 
Loading docks.
Loading docks, overhead doors and service bays shall not be located on the parkway side of any building.
(4) 
Parking areas.
Parking areas and driveways shall be concrete and with curb and gutter along state highways adjacent to open drainage areas. Alternative parking materials may be used to reduce impervious cover when parking is provided that exceeds city requirements and approved by the planning and zoning commission. Cross access driveways are required adjacent to commercial zoned tracts.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy;
(B) 
Every site adjacent to the highway right-of-way shall include a buffet strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way;
(C) 
All landscaping shall be installed so as to avoid hazards;
(D) 
An effort shall be made to preserve existing trees.
(g) 
Screening.
(1) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened.
(2) 
Screening height.
Screening height shall be a minimum of six (6) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy-forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(3) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than six (6) feet in height; constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(4) 
Screening of site features.
Site features hereinafter shall be screened in accordance with subsection (3) above.
(A) 
Rear yards and service yards.
Where the rear yard, side yard or service side of a non-residential use is adjacent to a public thoroughfare and screening of the use is not specifically addressed elsewhere in this section, it shall be screened according to subsection (3) above.
(B) 
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(C) 
Outdoor storage area.
Outdoor storage of merchandise, equipment or materials, which is essential or incidental to the use and which is not on temporary display for the purpose of being immediately available for sale to the public at-large, shall be screened from all public thoroughfares and abutting uses. Stored merchandise shall not exceed the height of the screening device.
(D) 
Refuse areas.
All refuse areas shall be screened on three sides. Gates are not required.
(E) 
Ground-mounted equipment.
All ground-mounted equipment including, but not limited to, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public thoroughfares and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard, pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, graphics or natural features shall not create spillage of light onto adjacent properties.
(i) 
Utilities.
No building shall have service wires or cable of any kind attached to the front fifty (50) percent of a building facing the highway and adjacent to the required front yard.
(j) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the overlay district development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The development of new and existing highways offers significant economic opportunities for the city and its citizens. Local highways provide easy access linkages within the city to nearby communities and to the entire U.S. highway system. The development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of our highways be controlled through careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the overlay district development area standards is to ensure that highway development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed, that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the overlay district development standards. The following design elements statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design: non-residential.
Design standards for non-residential buildings shall ensure that the design, color, materials and basis for proportion of structures within the overlay district development area are harmonious with the intent of this chapter.
(3) 
Building placement: non-residential.
Visual continuity and compatibility shall be achieved through the appropriate placement of buildings and related site features, such as parking and loading areas.
(4) 
Landscaping.
Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(5) 
Screening.
Required screening shall accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses, and service as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices.
(6) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of this site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent areas are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
Overlay district development areas are those areas inside the city limits and adjacent to F.M. Highway 1417 and being five hundred (500) feet on either side of said right-of-way F.M. 1417. The overlay applies to commercial and multifamily developments only.
(2) 
Compliance required.
All commercial and multifamily property within the boundaries of the overlay district development areas shall adhere to the overlay district development standards and shall be subject to site plan approval by the planning and zoning commission.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the designated overlay district development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process. The planning and zoning commission shall review the plans for compliance with the development standards and make a determination of approval or disapproval as submitted.
(d) 
Non-residential and multifamily building design.
(1) 
General provisions.
All non-residential and multifamily buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Wall finishes shall be masonry, or masonry veneer, or concrete siding. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(A) 
Exterior walls.
(i) 
All buildings and structures shall have at least 85% of the total exterior walls, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the city building regulations code and fire prevention and protection code. No blank walls shall face public streets.
(ii) 
The following primary material list shall apply:
a. 
Masonry consisting of stone, cultured or cast stone.
b. 
Brick or brick veneer.
c. 
Tile.
d. 
Stucco.
e. 
Architecturally finished block.
f. 
Architectural glass (less than 27% reflectance).
(iii) 
A maximum of 15% of the facade may include accent materials not listed on the approved primary material list. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the planning and zoning commission for approval.
(B) 
Exterior colors.
These guideline recommendations are consistent with other example corridors with the intent of creating complementary building design.
(i) 
A minimum of 80 percent of all building elevations shall be finished with complimentary neutral, cream, or deep, rich, nonreflective earth tone colors.
(ii) 
No more than 20 percent of any building elevation may be finished with bright, pure tone primary or secondary colors. These colors shall be limited to use on accent features including, but not limited to window and door frames, moldings, cornices, canopies, and awnings.
(C) 
All non-residential and multifamily buildings shall be architecturally finished on all sides with the same materials and detailing. The rear facade of a building, which is not visible to a public right-of-way, park or residential district, shall not be required to comply with this requirement.
(D) 
Additional architectural features (minimum 4 features).
All buildings shall have at least four architectural features from the following list:
Canopies, awnings, or porticos.
Recesses/projections.
Arcades (recessed porches).
Peaked roof forms.
Arches.
Outdoor patios.
Display windows.
Architectural details (such as tile work and moldings) integrated into the building facade.
Articulated cornice line.
Integrated planters or wing walls that incorporate landscape and sitting areas.
Offsets, reveals or projecting rib used to express architectural or structural bays.
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade).
Varied roof heights.
(E) 
Other required or optional features may include:
(i) 
Entryway features.
a. 
All ground floor entrances shall be covered or inset and shall not apply to loading areas. Primary building entrances are to be defined and articulated with architectural elements such as arcades, roofs, alcoves, columns, porticos, porches, and overhangs.
(ii) 
Building articulation.
a. 
All buildings shall utilize facade offsets and appropriate fenestration to add architectural variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.
b. 
At a minimum, elevations that are 50 feet or longer in horizontal length shall be interrupted by at least two offsets (projection or recess) from the primary facade plane of at least 18 inches in depth.
(iii) 
Roof treatment.
a. 
Long uninterrupted rooflines and planes that are visible from the public right-of-way or are oriented to properties zoned or used for residential purposes shall be broken into smaller segments through the use of appropriately scaled gables and/or dormers, changes in height, changes in roof form, type, or planes which typically correspond to offsets in the building's facade, or other appropriate architectural elements.
b. 
The following materials are allowed for sloping roofs:
1. 
Asphalt shingles.
2. 
Industry approved synthetic shingles.
3. 
Standing seam metal.
4. 
Tile roofs.
5. 
Flat roofs shall require parapet screening which adheres to the vertical articulation requirements for the main face of the structure. Parapet rooflines shall feature a well-defined cornice treatment or another similar architectural element to visually cap each building elevation.
c. 
The following materials are prohibited as primary cladding or roofing materials: Aluminum siding or cladding, galvanized steel or other bright metal, wood or plastic siding, cementitious fiberboard, unfinished concrete block, exposed aggregate, wood roof shingles, and reflective glass.
(3) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(4) 
Mechanical equipment.
Exposed duct shall not be permitted on any side of the building visible from the highway.
(5) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(e) 
Non-residential and multifamily building placement.
(1) 
Setbacks from property lines adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with these setbacks is not feasible.
(A) 
Forty (40) feet from the highway right-of-way.
(B) 
Fifteen (15) feet from right-of-way of all other streets intersecting with the highway.
(C) 
On-premises signs that are 12 feet or less in height may have a 25' setback from Highway 1417 (see subsection (j)).
(2) 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(A) 
Five (5) feet from rear and side property lines.
(B) 
Forty (40) feet from any R (residential) zoned property for single-story buildings not exceeding thirty (30) feet in height;
(C) 
All other buildings shall be set back from residential district lines not less than twice the height of the highest point on the building above grade. No setback shall be required in excess of one hundred (100) feet.
(3) 
Parking areas.
Parking areas and driveways shall be concrete and with curb and gutter along state highways adjacent to open drainage areas. Alternative parking materials may be used to reduce impervious cover when parking is provided that exceeds city requirements and approved by the planning and zoning commission. Cross access driveways are required adjacent to commercial zoned tracts.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy. All detention ponds shall be landscaped.
(B) 
Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way.
(i) 
All landscaping shall be installed so as to avoid hazards.
(ii) 
An effort shall be made to preserve existing trees.
(g) 
Screening.
(1) 
Screening of site features.
(A) 
Detention areas and drainage channels.
A visual screen shall separate and screen all stormwater detention or retention facilities from view from any adjacent street and any adjoining or contiguous property, except for penetrations for required access. The visual screen shall comply with the following standards:
(i) 
Minimum required screening.
Minimum required screening shall achieve an opaque visual screen to a height of no less than six (6) feet nor greater than eight (8) feet using the materials listed below.
(ii) 
Materials.
The visual screen may be formed through the retention of existing vegetation, the planting of new vegetation, the creation of planted hedge, the construction of a fence or wall or earthen berm, or any combination of these approaches.
a. 
Fencing or masonry walls.
Fences and masonry walls shall present a finished and decorative appearances. Shrubs, ground covers, or other vegetation shall be provided in front of the fence or wall so as to provide a decorative effect, in accordance and with the adopted landscaping standards for spacing, location and design. Wooden and woven-wire fences shall not be used.
b. 
Planted materials or natural vegetation.
Any combination of existing and newly planted vegetation may be used that can reasonably be expected to create an opaque evergreen visual screen 4 feet high within two growing seasons.
c. 
Earthen berms.
When using an earthen berm, the maximum side slope shall not exceed 50% (1 foot of vertical rise to 2 feet of horizontal run) with a minimum crown width of two feet. The berm shall be planted with ground cover, shrubs, trees or other landscaping materials to achieve a total screening height of 4 feet.
(2) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened. Mechanical, utility, and service facilities shall be screened on three sides. Gates are not required.
(3) 
Screening height.
Screening height shall be a minimum of four (4) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(4) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble, or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than four (4) feet in height; constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(5) 
Screening of site features.
Site features hereinafter shall be screened in accordance with (c) above.
(A) 
Rear yards and service yards.
Where the rear yard, side yard or service side of a non-residential use is adjacent to a public thoroughfare and screening of the use is not specifically addressed elsewhere in this section, it shall be screened according to subsection (3) above.
(B) 
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(C) 
Outdoor storage area.
Outdoor storage of merchandise, equipment or materials, which is essential or incidental to the use and which is not on temporary display for the purpose of being immediately available for sale to the public at-large, shall be screened from all public thoroughfares and abutting uses. Stored merchandise shall not exceed the height of the screening device.
(D) 
Refuse areas.
All refuse areas shall be screened on three sides. Gates are not required.
(E) 
Ground-mounted equipment.
All ground-mounted equipment including, but not limited to, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public thoroughfares and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard, pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, features shall not create spillage of light onto adjacent properties.
(i) 
Utilities.
No building shall have service wires or cable of any kind attached to the front fifty (50) percent of a building facing the highway and adjacent to the required front yard.
(j) 
Signs.
(1) 
The total area of building signage shall not exceed the following: For each one linear foot of primary building face (facade facing public street), three (3) square feet of wall sign is allowed up to a maximum. This maximum depends on the building footprint identified in the table below. A minimum of 100 square feet for small freestanding building is allowed. This means that a small building that does not have enough frontage to get to 100 square feet may go to 100 square feet of building signage if desired. These signs can go on any wall but may not exceed the cumulative maximum square footage. If the lot on which the building is located has multiple right-of-way frontage, each street frontage shall be counted for purposes of determining attached sign allowance. The following of the defines the maximum sign area allowed based on the square footage of the building footprint:
Building Footprint
(sq. ft.)
Maximum Sign Area
(sq. ft.)
Less than 12,000
150
12,000–49,999
300
50,000 or more
600
(2) 
For each one linear foot of lease space facade, two (2) square feet of building sign is allowed with maximum of 200 sq. ft.
(3) 
To ensure separation between building signs, wall signage for lease spaces may not exceed 75% of the linear lease space facade width.
(k) 
Monument/ground signs.
(1) 
Signs may have a maximum 65 square foot face area and shall not exceed twelve feet in height. Minimum setback for signs shall be 25 feet from the highway right-of-way.
(2) 
Monument signs must include a landscaped, stone-base feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick.
(l) 
Illuminated/electronic signs.
(1) 
Signs may be illuminated, but the source of light shall not be visible to traveled ways and the entire image or displayed text shall not be animated, intermittent, or flashing.
(2) 
A sign shall display static images for a period of at least eight seconds.
(3) 
Variable message signs shall not be animated, flash, travel, blink, fade, or scroll. Variable message signs shall transition instantaneously to another static image.
(4) 
A maximum of 55% of the overall sign area may be devoted to an electronic message sign.
(5) 
Revolving signs shall not be permitted.
(6) 
A fuel pricing sign shall only reflect the most current price of fuel available for purchase at that location and must be a ground/monument sign. Only one pricing display is allowed per site.
(m) 
Connectivity.
Access drives/aisles/access easements should be extended to the development's property boundary in order to provide for connectivity with future development(s).
(n) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the overlay district development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The development of existing highways offers significant economic opportunities for the city and its citizens. Local highways provide easy access linkages within the city to nearby communities and to the entire U.S. highway system. The Sam Rayburn Overlay District development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of our highways be controlled through careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the Sam Rayburn Overlay District development area standards is to ensure that the development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed, that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the Sam Rayburn Overlay District development standards. The following design elements are addressed by the standards. A statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design: non-residential.
Design standards for non-residential buildings shall ensure that the design, color, materials, and basis for proportion of structures within the Sam Rayburn Overlay District development area are harmonious with the intent of this chapter.
(3) 
Building placement: non-residential.
Visual continuity and compatibility shall be achieved through the appropriate placement of buildings and related site features, such as parking and loading areas.
(4) 
Landscaping. Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(5) 
Screening.
Required screening shall accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses, and serve as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices.
(6) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of the site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent properties are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
Sam Rayburn Overlay District development areas are those areas adjacent to and within 200 feet of Sam Rayburn Freeway from the intersection of U.S. Highway 75 with Highway 91 south extending to the Blalock Industrial Park District.
(2) 
Compliance required.
All property within the boundaries of the Sam Rayburn Overlay District development areas shall adhere to the overlay district development standards and shall be subject to site plan approval by the planning and zoning commission.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the Sam Rayburn Overlay District development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process. The planning and zoning commission shall review the plans for compliance with the development standards and make a determination of approval or disapproval as submitted.
(d) 
Non-residential and multifamily building design.
(1) 
General provisions.
All non-residential buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Wall finishes shall be masonry, or masonry veneer, or concrete siding. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(3) 
Windows and glass.
Reflective glass with an exterior reflectance percentage in excess of twenty-seven (27) percent, as certified through the manufacturer's specifications, shall not be used as an exterior building material on any building or structure. Windows and window wall shall not be glazed or reglazed with mirrored glass.
(4) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(5) 
Mechanical equipment.
Exposed duct shall not be permitted on any side of the building visible from the highway.
(6) 
Additional architectural features. All buildings shall have at least four architectural features from the following list.
Canopies, awnings, or porticos
Recesses/projections
Arcades (recessed porches)
Peaked roof forms
Arches
Outdoor patios
Display windows
Architectural details (such as tile work and moldings) integrated into the building facade
Articulated cornice line
Integrated planters or wing walls that incorporate landscape and sitting areas
Offsets, reveals or projecting rib used to express architectural or structural bays
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade)
Varied roof heights
(7) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(e) 
Non-residential and multifamily building placement.
(1) 
Setbacks from property lines adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with these setbacks is not feasible.
(A) 
Forty (40) feet from the highway right-of-way.
(B) 
Fifteen (15) feet from right-of-way of all other streets intersecting with the highway.
(2) 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(A) 
Five (5) feet from rear and side property lines.
(B) 
Single-story structures up to thirty (30) feet in height shall have a minimum fifteen (15) foot setback from any R (residential) district lines.
(C) 
All other buildings and structures shall be setback from residential district lines no less than a distance equal to the height of the highest point on the building above grade. No setback shall be required in excess of fifty (50) feet.
(3) 
Loading docks.
Loading docks, overhead doors, service bays and trash receptacles shall be screened by earthen berms and/or landscape when located on the parkway side of any building.
(4) 
Parking areas.
Parking areas and service drives areas shall be concrete and shall be buffered by minimum two (2) foot tall landscape adjacent to the highway.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy.
(B) 
Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way.
(C) 
All landscaping shall be installed so as to avoid hazards.
(D) 
An effort shall be made to preserve existing trees.
(g) 
Screening.
(1) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened.
(2) 
Screening height.
Screening height shall be a minimum of four (4) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy-forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(3) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than four (4) feet in height; constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(4) 
Screening of site features.
Site features hereinafter shall be screened in accordance with subsection (3) above.
(A) 
Rear yards and service yards.
Where the rear yard, side yard or service side of a non-residential use is adjacent to a public thoroughfare and screening of the use is not specifically addressed elsewhere in this section, it shall be screened according to subsection (3) above.
(B) 
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(C) 
Outdoor storage area.
Outdoor storage of merchandise, equipment or materials which is essential or incidental to the use and which is not on temporary display for the purpose of being immediately available for sale to the public at-large, shall be screened from all public thoroughfares and abutting uses. Stored merchandise shall not exceed the height of the screening device.
(D) 
Refuses areas.
All refuse areas shall be screened on three sides. Gates are not required.
(E) 
Ground-mounted equipment.
All ground mounted equipment including, but not limited to, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public thoroughfares and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard, pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, graphics or natural features shall not create spillage of light onto adjacent properties.
(i) 
Utilities.
No building shall have service wires or cable or any kind attached to the front fifty (50) percent of a building facing the highway and adjacent to the required front yard.
(j) 
Paving.
Any off-street parking area, service drive or driveway shall be concrete pavement so as to provide a durable and dustless surface.
(k) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the Sam Rayburn Overlay District development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The development of new and existing highways offers significant economic opportunities for the city and its citizens. Local highways provide easy access linkages within the city to nearby communities and to the entire U.S. highway system. The development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of our highways be controlled through careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the overlay district development area standards is to ensure that highway development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed, that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the overlay district development standards. The following design elements statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design: non-residential.
Design standards for non-residential buildings shall ensure that the design, color, materials and basis for proportion of structures within the overlay district development area are harmonious with the intent of this chapter.
(3) 
Building placement: non-residential.
Visual continuity and compatibility shall be achieved through the appropriate placement of buildings and related site features, such as parking and loading areas.
(4) 
Landscaping.
Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(5) 
Screening.
Required screening shall accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses, and service as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices.
(6) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of this site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent areas are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
Overlay district development areas are those areas inside the city limits and adjacent to F.M. Highway 691 and being five hundred (500) feet on the south side of said right-of-way of F.M. Highway 691. The overlay applies to commercial and multifamily developments only.
(2) 
Compliance required.
All commercial and multifamily property within the boundaries of the overlay district development areas shall adhere to the overlay district development standards and shall be subject to site plan approval by the planning and zoning commission.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the designated overlay district development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process. The planning and zoning commission shall review the plans for compliance with the development standards and make a determination of approval or disapproval as submitted.
(d) 
Non-residential and multifamily building design.
(1) 
General provisions.
All non-residential buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Wall finishes shall be masonry, or masonry veneer, or concrete siding. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(A) 
Exterior walls.
(i) 
All buildings and structures shall have at least 85% of the total exterior walls, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the city building regulations code and fire prevention and protection code. No blank walls shall face public streets.
(ii) 
The following primary material list shall apply:
a. 
Masonry consisting of stone, cultured or cast stone.
b. 
Brick or brick veneer.
c. 
Tile.
d. 
Stucco.
e. 
Architecturally finished block.
f. 
Architectural glass (less than 27% reflectance).
(iii) 
A maximum of 15% of the facade may include accent materials not listed on the approved primary material list. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the planning and zoning commission for approval.
(B) 
Exterior colors.
These guideline recommendations are consistent with other example corridors with the intent of creating complementary building design.
(i) 
A minimum of 80 percent of all building elevations shall be finished with complimentary neutral, cream, or deep, rich, nonreflective earth tone colors.
(ii) 
No more than 20 percent of any building elevation may be finished with bright, pure tone primary or secondary colors. These colors shall be limited to use on accent features including, but not limited to window and doorframes, moldings, cornices, canopies, and awnings.
(C) 
All non-residential buildings shall be architecturally finished on all sides with the same materials and detailing. The rear facade of a building, which is not visible to a public right-of-way, park or residential district, shall not be required to comply with this requirement.
(D) 
Additional architectural features (minimum 4 features). All buildings shall have at least four architectural features from the following list:
Canopies, awnings, or porticos.
Recesses/projections.
Arcades (recessed porches).
Peaked roof forms.
Arches.
Outdoor patios.
Display windows.
Architectural details (such as tile work and moldings) integrated into the building facade.
Articulated cornice line.
Integrated planters or wing walls that incorporate landscape and sitting areas.
Offsets, reveals or projecting rib used to express architectural or structural bays.
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade).
Varied roof heights
(E) 
Other required or optional features may include:
(i) 
Entryway features.
a. 
All ground floor entrances shall be covered or inset and shall not apply to loading areas. Primary building entrances are to be defined and articulated with architectural elements such as arcades, roofs, alcoves, columns, porticos, porches, and overhangs.
(ii) 
Building articulation.
a. 
All buildings shall utilize facade offsets and appropriate fenestration to add architectural variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.
b. 
At a minimum, elevations that are 50 feet or longer in horizontal length shall be interrupted by at least two offsets (projection or recess) from the primary facade plane of at least 18 inches in depth.
(iii) 
Roof treatment.
a. 
Long uninterrupted rooflines and planes that are visible from the public right-of-way or are oriented to properties zoned or used for residential purposes shall be broken into smaller segments through the use of appropriately scaled gables and/or dormers, changes in height, changes in roof form, type, or planes which typically correspond to offsets in the building's facade, or other appropriate architectural elements.
b. 
The following materials are allowed for sloping roofs:
1. 
Asphalt shingles.
2. 
Industry approved synthetic shingles.
3. 
Standing seam metal.
4. 
Tile roofs.
5. 
Flat roofs shall require parapet screening which adheres to the vertical articulation requirements for the main face of the structure. Parapet rooflines shall feature a well-defined cornice treatment or another similar architectural element to visually cap each building elevation.
c. 
The following materials are prohibited as primary cladding or roofing materials: Aluminum siding or cladding, galvanized steel or other bright metal, wood or plastic siding, cementitious fiberboard, unfinished concrete block, exposed aggregate, wood roof shingles, and reflective glass.
(3) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(4) 
Mechanical equipment.
Exposed duct shall not be permitted on any side of the building visible from the highway.
(5) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(e) 
Non-residential and multifamily building placement.
(1) 
Setbacks from property lines adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with these setbacks is not feasible.
(A) 
Forty (40) feet, from the highway right-of-way.
(B) 
Fifteen (15) feet from right-of-way of all other streets intersecting with the highway.
(C) 
On-premises signs that are 12 feet or less in height may have a 25' setback from FM 691 (see subsection (j)).
(2) 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(A) 
Five (5) feet from rear and side property lines.
(B) 
Forty (40) feet from any R (residential) zoned property for single-story buildings not exceeding thirty (30) feet in height;
(C) 
All other buildings shall be set back from residential district lines not less than twice the height of the highest point on the building above grade. No setback shall be required in excess of one hundred (100) feet.
(3) 
Parking areas.
Parking areas and driveways shall be concrete and with curb and gutter along state highways adjacent to open drainage areas. Alternative parking materials may be used to reduce impervious cover when parking is provided that exceeds city requirements and approved by the planning and zoning commission. Cross access driveways are required adjacent to commercial zoned tracts.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy. All detention ponds shall be landscaped.
(B) 
Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way.
(C) 
All landscaping shall be installed so as to avoid hazards.
(D) 
An effort shall be made to preserve existing trees.
(g) 
Screening.
Screening of site features:
(1) 
Detention areas and drainage channels.
A visual screen shall separate and screen all stormwater detention or retention facilities from view from any adjacent street and any adjoining or contiguous property, except for penetrations for required access. The visual screen shall comply with the following standards:
(A) 
Minimum required screening.
Minimum required screening shall achieve an opaque visual screen to a height of no less than 4 feet nor greater than 6 feet using the materials listed below.
(B) 
Materials.
The visual screen may be formed through the retention of existing vegetation, the planting of new vegetation, the creation of planted hedge, the construction of a fence or wall or earthen berm, or any combination of these approaches.
(i) 
Fencing or masonry walls.
Fences and masonry walls shall present a finished and decorative appearance. Shrubs, ground covers, or other vegetation shall be provided in front of the fence or wall so as to provide a decorative effect, in accordance and with the adopted landscaping standards for spacing, location and design. Wooden and woven-wire fences shall not be used.
(ii) 
Planted materials or natural vegetation.
Any combination of existing and newly planted vegetation may be used that can reasonably be expected to create an opaque evergreen visual screen 4 feet high within two growing seasons.
(iii) 
Earthen berms.
When using an earthen berm, the maximum side slope shall not exceed 50% (1 foot of vertical rise to 2 feet of horizontal run) with a minimum crown width of two feet. The berm shall be planted with ground cover, shrubs, trees or other landscaping materials to achieve a total screening height of 4 feet.
(2) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened. Mechanical, utility, and service facilities shall be screened on three sides. Gates are not required.
(3) 
Screening height.
Screening height shall be a minimum of four (4) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(4) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble, or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than four (4) feet in height: constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(5) 
Screening of site features.
Site features hereinafter shall be screened in accordance with subsection (3) above.
(A) 
Rear yards and service yards.
Where the rear yard, side yard or service side of a non-residential use is adjacent to a public thoroughfare and screening of the use is not specifically addressed elsewhere in this section, it shall be screened according to subsection (3) above.
(B) 
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(C) 
Outdoor storage area.
Outdoor storage of merchandise, equipment or materials, which is essential or incidental to the use and which is not on temporary display for the purpose of being immediately available for sale to the public at-large, shall be screened from all public thoroughfares and abutting uses. Stored merchandise shall not exceed the height of the screening device.
(D) 
Refuse areas.
All refuse areas shall be screened on three sides. Gates are not required.
(E) 
Ground-mounted equipment.
All ground-mounted equipment including, but not limited to, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public thoroughfares and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard, pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, features shall not create spillage of light onto adjacent properties.
(i) 
Utilities.
No building shall have service wires or cable of any kind attached to the front fifty (50) percent of a building facing the highway and adjacent to the required front yard.
(j) 
Signs.
(1) 
The total area of building signage shall not exceed the following: For each one linear foot of primary building face (facade facing public street), three (3) square feet of wall sign is allowed up to a maximum. This maximum depends on the building footprint identified in the table below. A minimum of 100 square feet for small freestanding building is allowed. This means that a small building that does not have enough frontage to get to 100 square feet may go to 100 square feet of building signage if desired. These signs can go on any wall but may not exceed the cumulative maximum square footage. If the lot on which the building is located has multiple right-of-way frontages, each street frontage shall be counted for purposes of determining attached sign allowance. The following defines the maximum sign area allowed based on the square footage of the building footprint:
Building Footprint
(sq. ft.)
Maximum Sign Area
(sq. ft.)
Less than 12,000
150
12,000–49,999
300
50,000 or more
600
(2) 
For each one linear foot of lease space facade, two (2) square feet of building sign is allowed with maximum of 200 sq. ft.
(3) 
To ensure separation between building signs, wall signage for lease spaces may not exceed 75% of the linear lease space facade width.
(k) 
Monument/ground signs.
(1) 
Signs may have a maximum 65 square foot face area and shall not exceed twelve feet in height. Minimum setback for signs shall be 25 feet from the highway right-of-way.
(2) 
Monument signs must include a landscaped, stone-base feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick.
(l) 
Illuminated/electronic signs.
(1) 
Signs may be illuminated, but the source of light shall not be visible to traveled ways and the entire image or displayed text shall not be animated, intermittent, or flashing.
(2) 
A sign shall display static images for a period of at least eight seconds.
(3) 
Variable message signs shall not be animated, flash, travel, blink, fade, or scroll. Variable message signs shall transition instantaneously to another static image.
(4) 
A maximum of 55% of the overall sign area may be devoted to an electronic message sign.
(5) 
Revolving signs shall not be permitted.
(6) 
A fuel pricing sign shall only reflect the most current price of fuel available for purchase at that location and must be a ground/monument sign. Only one pricing display is allowed per site.
(m) 
Connectivity.
Access drives/aisles/access easements should be extended to the development's property boundary in order to provide for connectivity with future development(s).
(n) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the overlay district development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The development of new and existing highways offers significant economic opportunities for the city and its citizens. Local highways provide easy access linkages within the city to nearby communities and to the entire U.S. highway system. The development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of our highways be controlled through careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the overlay district development area standards is to ensure that highway development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed, that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the overlay district development standards. The following design elements statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design: non-residential.
Design standards for non-residential buildings shall ensure that the design, color, materials and basis for proportion of structures within the overlay district development area are harmonious with the intent of this chapter.
(3) 
Building placement: non-residential.
Visual continuity and compatibility shall be achieved through the appropriate placement of buildings and related site features, such as parking and loading areas.
(4) 
Landscaping.
Landscaping standards are used to promote a flexible framework of planting and green areas that enhance and safeguard property values while aiding in erosion control, noise abatement, glare and reflection control, buffering between land uses of different character and atmospheric purification.
(5) 
Screening.
Required screening shall accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses, and service as a psychological separation between uses which encourages the peace and repose of residents. Toward this goal, landscaping shall be used to break up the view and to aesthetically enhance screening devices.
(6) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of this site. Glare and illumination standards shall ensure that the mechanisms providing light do not negatively impact on the appearance of the site and ensure that light is contained to the extent that adjacent areas are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
Overlay district development areas are those areas inside the city limits and adjacent to State Highway 289 and being five hundred (500) feet on either side of said right-of-way of State Highway 289. The overlay applies to commercial and multifamily developments only.
(2) 
Compliance required.
All commercial and multifamily property within the boundaries of the overlay district development areas shall adhere to the overlay district development standards and shall be subject to site plan approval by the planning and zoning commission.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the designated overlay district development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process. The planning and zoning commission shall review the plans for compliance with the development standards and make a determination of approval or disapproval as submitted.
(d) 
Non-residential and multifamily building design.
(1) 
General provisions.
All non-residential buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Wall finishes shall be masonry, or masonry veneer, or concrete siding. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(A) 
Exterior walls.
(i) 
All buildings and structures shall have at least 85% of the total exterior walls, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the city building regulations code and fire prevention and protection code. No blank walls shall face public streets.
(ii) 
The following primary material list shall apply:
a. 
Masonry consisting of stone, cultured or cast stone.
b. 
Brick or brick veneer.
c. 
Tile.
d. 
Stucco.
e. 
Architecturally finished block.
f. 
Architectural glass (less than 27% reflectance).
(iii) 
A maximum of 15% of the facade may include accent materials not listed on the approved primary material list. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the planning and zoning commission for approval.
(B) 
Exterior colors.
These guideline recommendations are consistent with other example corridors with the intent of creating complementary building design.
(i) 
A minimum of 80 percent of all building elevations shall be finished with complimentary neutral, cream, or deep, rich, non-reflective earth tone colors.
(ii) 
No more than 20 percent of any building elevation may be finished with bright, pure tone primary or secondary colors. These colors shall be limited to use on accent features including, but not limited to window and door frames, moldings, cornices, canopies, and awnings.
(C) 
All non-residential buildings shall be architecturally finished on all sides with the same materials and detailing. The rear facade of a building, which is not visible to a public right-of-way, park or residential district, shall not be required to comply with this requirement.
(D) 
Additional architectural features (minimum 4 features). All buildings shall have at least four architectural features from the following list:
Canopies, awnings, or porticos.
Recesses/projections.
Arcades (recessed porches).
Peaked roof forms.
Arches.
Outdoor patios.
Display windows.
Architectural details (such as tile work and moldings) integrated into the building facade.
Articulated cornice line.
Integrated planters or wing walls that incorporate landscape and sitting areas.
Offsets, reveals or projecting rib used to express architectural or structural bays.
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade).
Varied roof heights.
(E) 
Other required or optional features may include:
(i) 
Entryway features.
a. 
All ground floor entrances shall be covered or inset and shall not apply to loading areas. Primary building entrances are to be defined and articulated with architectural elements such as arcades, roofs, alcoves, columns, porticos, porches, and overhangs.
(ii) 
Building articulation.
a. 
All buildings shall utilize facade offsets and appropriate fenestration to add architectural variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.
b. 
At a minimum, elevations that are 50 feet or longer in horizontal length shall be interrupted by at least two offsets (projection or recess) from the primary facade plane of at least 18 inches in depth.
(iii) 
Roof treatment.
a. 
Long uninterrupted rooflines and planes that are visible from the public right-of-way or are oriented to properties zoned or used for residential purposes shall be broken into smaller segments through the use of appropriately scaled gables and/or dormers, changes in height, changes in roof form, type, or planes which typically correspond to offsets in the building's facade, or other appropriate architectural elements.
b. 
The following materials are allowed for sloping roofs:
1. 
Asphalt shingles.
2. 
Industry approved synthetic shingles.
3. 
Standing seam metal.
4. 
Tile roofs.
5. 
Flat roofs shall require parapet screening which adheres to the vertical articulation requirements for the main face of the structure. Parapet rooflines shall feature a well-defined cornice treatment or another similar architectural element to visually cap each building elevation.
c. 
The following materials are prohibited as primary cladding or roofing materials: Aluminum siding or cladding, galvanized steel or other bright metal, wood or plastic siding, cementitious fiberboard, unfinished concrete block, exposed aggregate, wood roof shingles, and reflective glass.
(3) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(4) 
Mechanical equipment.
Exposed duct shall not be permitted on any side of the building visible from the highway.
(5) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(e) 
Non-residential and multifamily building placement.
(1) 
Setbacks from property lines adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines, except with approval by variance where parcels are of an irregular shape such that development in accordance with these setbacks is not feasible.
(A) 
Forty (40) feet from the highway right-of-way.
(B) 
Fifteen (15) feet from right-of-way of all other streets intersecting with the highway.
(C) 
On-premises signs that are 12 feet or less in height may have a 25' setback from S.H. 289 (see subsection (j)).
(2) 
Setbacks from property lines not adjacent to streets.
No structure of any kind or any part thereof shall be placed within the following setback lines:
(A) 
Five (5) feet from rear and side property lines.
(B) 
Forty (40) feet from any R (residential) zoned property for single-story buildings not exceeding thirty (30) feet in height;
(C) 
All other buildings shall be set back from residential district lines not less than twice the height of the highest point on the building above grade. No setback shall be required in excess of one hundred (100) feet.
(3) 
Parking areas.
Parking areas and driveways shall be concrete and with curb and gutter along state highways adjacent to open drainage areas. Alternative parking materials may be used to reduce impervious cover when parking is provided that exceeds city requirements and approved by the planning and zoning commission. Cross access driveways are required adjacent to commercial zoned tracts.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy. All detention ponds shall be landscaped.
(B) 
Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way.
(C) 
All landscaping shall be installed so as to avoid hazards.
(D) 
An effort shall be made to preserve existing trees.
(g) 
Screening.
Screening of site features:
(1) 
Detention areas and drainage channels.
A visual screen shall separate and screen all stormwater detention or retention facilities from view from any adjacent street and any adjoining or contiguous property, except for penetrations for required access. The visual screen shall comply with the following standards:
(A) 
Minimum required screening.
Minimum required screening shall achieve an opaque visual screen to a height of no less than 4 feet nor greater than 6 feet using the materials listed below.
(B) 
Materials.
The visual screen may be formed through the retention of existing vegetation, the planting of new vegetation, the creation of planted hedge, the construction of a fence or wall or earthen berm, or any combination of these approaches.
(i) 
Fencing or masonry walls.
Fences and masonry walls shall present a finished and decorative appearance. Shrubs, ground covers, or other vegetation shall be provided in front of the fence or wall so as to provide a decorative effect, in accordance and with the adopted landscaping standards for spacing, location and design. Wooden and woven-wire fences shall not be used.
(ii) 
Planted materials or natural vegetation.
Any combination of existing and newly planted vegetation may be used that can reasonably be expected to create an opaque evergreen visual screen 4 feet high within two growing seasons.
(iii) 
Earthen berms.
When using an earthen berm, the maximum side slope shall not exceed 50% (1 foot of vertical rise to 2 feet of horizontal run) with a minimum crown width of two feet. The berm shall be planted with ground cover, shrubs, trees or other landscaping materials to achieve a total screening height of 4 feet.
(2) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened. Mechanical, utility, and service facilities shall be screened on three sides. Gates are not required.
(3) 
Screening height.
Screening height shall be a minimum of four (4) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(4) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble, or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than four (4) feet in height; constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(5) 
Screening of site features.
Site features hereinafter shall be screened in accordance with subsection (3) above.
(A) 
Rear yards and service yards.
Where the rear yard, side yard or service side of a non-residential use is adjacent to a public thoroughfare and screening of the use is not specifically addressed elsewhere in this section, it shall be screened according to subsection (3) above.
(B) 
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(C) 
Outdoor storage area.
Outdoor storage of merchandise, equipment or materials, which is essential or incidental to the use and which is not on temporary display for the purpose of being immediately available for sale to the public at-large, shall be screened from all public thoroughfares and abutting uses. Stored merchandise shall not exceed the height of the screening device.
(D) 
Refuse areas.
All refuse areas shall be screened on three sides. Gates are not required.
(E) 
Ground-mounted equipment.
All ground-mounted equipment including, but not limited to, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public thoroughfares and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard, pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, features shall not create spillage of light onto adjacent properties.
(i) 
Utilities.
No building shall have service wires or cable of any kind attached to the front fifty (50) percent of a building facing the highway and adjacent to the required front yard.
(j) 
Signs.
(1) 
The total area of building signage shall not exceed the following: For each one linear foot of primary building face (facade facing public street), three (3) square feet of wall sign is allowed up to a maximum. This maximum depends on the building footprint identified in the table below. A minimum of 100 square feet for small freestanding building is allowed. This means that a small building that does not have enough frontage to get to 100 square feet may go to 100 square feet of building signage if desired. These signs can go on any wall but may not exceed the cumulative maximum square footage. If the lot on which the building is located has multiple right-of-way frontages, each street frontage shall be counted for purposes of determining attached sign allowance. The following defines the maximum sign area allowed based on the square footage of the building footprint:
Building Footprint
(sq. ft.)
Maximum Sign Area
(sq. ft.)
Less than 12,000
150
12,000–49,499
300
50,000 or more
600
(2) 
For each one linear foot of lease space facade, two (2) square feet of building sign is allowed with maximum of 200 sq. ft.
(3) 
To ensure separation between building signs, wall signage for lease spaces may not exceed 75% of the linear lease space facade width.
(k) 
Monument/ground signs.
(1) 
Signs may have a maximum 65 square foot face area and shall not exceed twelve feet in height. Minimum setback for signs shall be 25 feet from the highway right-of-way.
(2) 
Monument signs must include a landscaped, stone-base feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick.
(l) 
Illuminated/electronic signs.
(1) 
Signs may be illuminated, but the source of light shall not be visible to traveled ways and the entire image or displayed text shall not be animated, intermittent, or flashing.
(2) 
A sign shall display static images for a period of at least eight seconds.
(3) 
Variable message signs shall not be animated, flash, travel, blink, fade, or scroll. Variable message signs shall transition instantaneously to another static image.
(4) 
A maximum of 55% of the overall sign area may be devoted to an electronic message sign.
(5) 
Revolving signs shall not be permitted.
(6) 
A fuel pricing sign shall only reflect the most current price of fuel available for purchase at that location and must be a ground/monument sign. Only one pricing display is allowed per site.
(m) 
Connectivity.
Access drives/aisles/access easements should be extended to the development's property boundary in order to provide for connectivity with future development(s).
(n) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the overlay district development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The College Park Overlay District, at the request of Austin College, contains minimum standards for new construction in the Austin College Community. The College Park Overlay District recognizes the special location, architectural character and land-use mix of the college park neighborhood and establishes appropriate standards for uses with the district. The overlay district is designed to help protect the private property values and public investments in and near the college park neighborhood, to reduce conflicts between new construction and existing development in the existing neighborhood, and to preserve the area's special character. The district promotes mixing of land use to foster a livable community of residential, commercial and cultural uses and encourages pedestrian access within the college park neighborhood and provides connectivity to adjacent neighborhoods and the central business district. The district also respects socioeconomic diversity by encouraging a variety of home styles and sizes that are sympathetic to the neighborhood's historical diversity of design and fosters a cooperative atmosphere in the college park neighborhood between the city, Austin College and private landowners to jointly realize the potential of the district. The College Park Overlay District development standards will make the city a more desirable place to live and conduct business.
(2) 
It is important that the development of the college park area supports careful planning and foresight to achieve the greatest positive benefits for the city. The intent of the College Park Overlay District development area standards is to ensure that the development occurs in a manner which promotes safety while presenting an attractive appearance and assures compatible land uses according to consistent design guidelines.
(b) 
Intent and purpose.
(1) 
Design elements.
Regulation of land use patterns has traditionally been the major tool used to shape the urban environment. The particular use that takes place at a certain location affects the design and specific development of land uses. In many cases, a particular use can be incompatible and offensive to its neighbors and the city as a whole, or, if carefully and properly designed that same use can be an attractive and welcome activity. This emphasis on how uses are designed and developed is the focus of the College Park Overlay District development standards. The following design elements are addressed by the standards. A statement of intent accompanies each element, the planning and zoning commission may from time to time, when justified by certain circumstances or specific conditions, grant variances to these design elements.
(2) 
Building design.
Design standards for buildings should ensure that the design, color, materials, and basis for proportion of structures within the College Park Overlay District development area are harmonious with the intent of this chapter.
(3) 
Screening.
Required screening should accomplish visual screening of the site, noise attenuation, and a barrier to vehicular traffic between non-residential and residential uses and serve as a psychological separation between uses which encourages the peace and repose of residents.
(4) 
Glare and illumination.
Site lighting is to provide safety and security and enhance the architectural and natural features of the site. Glare and illumination standards should ensure that the mechanisms providing light do not negatively impact the appearance of the site and ensure that light is contained to the extent that adjacent areas are not detrimentally affected.
(c) 
Boundary areas.
(1) 
Area boundaries.
College Park Overlay District development areas are those areas bounded as follows:
East: Harrison Street (from Pecan Street to Old Settlers Park)
North: Along the Railroad Tracks to the back of Old Settlers Park creating a natural boundary curving down to College Street.
West: Montgomery Street (from College to Pacific Street).
South: Pacific Street from Montgomery to Lee, south to Pecan, east on Pecan to Harrison Street.
(2) 
Compliance required.
All property within the boundaries of the College Park Overlay District development areas shall adhere to the overlay district development standards.
(3) 
Action on application.
Upon receipt of a request for building permit, zoning change or subdivision plat within the College Park Overlay District development area, the applicant will receive a copy of the overlay district development standards and counseling as to their applicability and the review process.
(d) 
Building design.
(1) 
General provisions.
All buildings shall comply with the zoning ordinance, building code and related construction codes of the city.
(2) 
Exterior walls.
On new construction, building materials must be specified and may be permitted when such materials are 60% masonry, hardy board or concrete fiber board and consistent with the intent of these standards. A complete set of elevation plans and schedule of wall and roof colors and finishes used on every freestanding building shall be submitted to the director of development services. (Not required for maintenance of or additions to existing nonconforming structures.)
(3) 
All new residential structures shall have a minimum 1,200 square foot living area, except patio homes authorized by a specific use permit.
(4) 
Carports are prohibited.
(5) 
Detached garages are permitted when architecturally designed to be compatible with historically significant and period style homes.
(e) 
Screening, privacy fences.
(1) 
Screening of non-residential uses from residential uses.
Side yards, rear yards and service sides of non-residential uses abutting residential uses shall be screened.
(2) 
Screening height.
Screening height shall be a minimum of four (4) feet above the grade at the property line of abutting residential uses.
(A) 
In cases of extreme height differential, the following guidelines apply: Adjust screening height requirements or alter material requirement (e.g., including, but not limited to, the use of canopy-forming trees where the non-residential use is at a much lower grade than the residential use).
(B) 
All landscaping shall be installed so as to avoid hazards.
(3) 
Materials and methods.
The materials and methods used in screening under this section shall conform to the following:
(A) 
Masonry walls shall be defined as an exterior wall consisting of brick, stone, rock, marble or the built-up panels of these materials designed for exterior use.
(B) 
Earthen berms shall have a maximum side slope of 3:1 and shall be entirely vegetated with turf or ground cover.
(C) 
Evergreen shrubs of sufficient height when used alone, or in conjunction with other material, shall meet the minimum height requirements of this section.
(D) 
Privacy fences shall consist of wood or masonry fence material. Line fences used for screening within an O-1 district shall not be less than four (4) feet in height; constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained. The screening device shall not exceed four (4) feet in height within twenty-five (25) feet of a front street right-of-way. Wire, chainlink and corrugated fencing materials are not allowed.
(E) 
To meet requirements of this section, the developer may use a combination of any two (2) materials allowed in this section to meet minimum height requirements.
(f) 
Glare and illumination.
(1) 
Parking area lighting.
Standard poles and fixtures shall be of a single color, compatible with the architecture of the building. All lighting fixtures shall be restricted to down-lighting or cut-off types.
(2) 
Walkway lighting.
Walkway lighting with standard pole, bollard and wall-mounted fixtures are allowed.
(3) 
Accent lighting.
Floodlighting and spotlighting of architecture, graphics or natural features shall not create spillage of light onto adjacent properties.
(g) 
Signage.
(1) 
Maximum face area is 16 square foot.
(2) 
Maximum height is 4 foot.
(3) 
Off-premises signs are prohibited.
(h) 
Permitted and specific uses
(1) 
Uses.
(A) 
No permitted or specific use in the College Park Overlay District may include drive-through facilities, gas pumps or canopies.
(B) 
Permitted uses.
Within the College Park Overlay District, the following uses are permitted in any zoning district.
(i) 
Residential and educational:
Single-family dwellings
Colleges and universities
(C) 
Specific uses.
With the College Park Overlay District, the following uses are permitted as specific use permits in residential zones under the provisions of this article. Limitations on the size of certain uses are as stated below:
(i) 
Neighborhood and community service.
Arts/cultural center or exhibit hall
Bed and breakfast/historic inn
Charitable/religious institutions
Community center/house
Dance studio
Health care hospitality
Health club/fitness center
Parks
Patio homes
Place of worship
Preschool and Day care centers, small and large
(ii) 
Medical/general offices.
General offices
Medical and dental offices/services
Medical and other records storage
Medical offices
(iii) 
Ancillary/retail/neighborhood uses. Ancillary/retail/neighborhood uses allowed only on the first floor and up to a maximum of 3,500 square feet of gross floor area per use:
Food store/convenience store excluding the sale of gasoline
General retail
Pharmacy
Research and development facilities
Restaurant/bakery/cafe
Retail bank/ATMs
Scientific and medical research labs
Technical and medical equipment development and/or services
(i) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for all commercial development within the College Park Overlay District development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of six (6) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the commission's action to the city council by filing a request for appeal with the city clerk within ten (10) days of the commission's decision. Such appeal shall be heard at a time convenient to the city council and to its procedures and practices for the scheduling of business before the council.
(Ordinance 6555 adopted 12/5/2022)
(a) 
Introduction.
(1) 
The development of the Blalock Commercial Overlay District offers significant economic opportunities for the city and its citizens. It is imperative that this unique entry to the city be protected by quality development standards. This district is in compliance with the comprehensive master plan future land use map and the implementation section: Prudent use of development regulations.
(2) 
Careful planning and foresight is important to achieve and provide the greatest benefits for the city. The intent of the Blalock Commercial Overlay District Standards is to ensure the area develops in a manner that provides an attractive appearance and assures compatible land uses within consistent design guidelines.
(3) 
The Blalock Commercial Overlay District will consist of highway frontage in the Blalock Industrial Park at Heritage Parkway and nearby tracts that form the south gateway to the city.
(b) 
Intent.
To create a regional image for retail/commercial developments within and around the Blalock Commercial Overlay District. These guidelines are to help owners, developers, designers, architects, and builders by providing design criteria that will coordinate the image, character and quality of the entire development and ensure the aesthetic value and visual appeal of non-residential land uses in the overlay district.
(1) 
Multiple buildings in commercial centers: To achieve unity between buildings in a commercial development of more than one building, all buildings in such a development shall employ a similar theme, and color palette.
(c) 
Applicability.
These provisions shall apply to all retail and commercial development within Blalock Commercial Overlay District.
(d) 
Establishment of Blalock Commercial Overlay District.
For the purpose of promoting the public health, safety, morals and general welfare in the city, there is hereby, for the purposes of convenience, denominated "Blalock Commercial Overlay District" the following area described by metes and bounds as follows:
SITUATED in the City of Sherman, County of Grayson, State of Texas, being a part of the PRESTON KITCHENS SURVEY, Abstract No. 667, the SHERROD DUNMAN SURVEY, Abstract No. 329 and the ELIZABETH JONES SURVEY, Abstract No. 625 and being more particularly described by metes and bounds as follows to-wit:
BEGINNING at the southeast corner of a 97.64 acre tract of land described in tract one in deed from Rabin Worldwide, Inc., et al to Actichem L.P., dated June 21, 2005, recorded in Volume 3880, Page 138, Official Public Records, Grayson County, Texas, the Southwest corner of a 130.48 acre tract of land described in deed from Rabin Worldwide, Inc., et al to Shafer Plaza XLII, Ltd., dated March 28, 2005, recorded in Volume 3842, Page 40, Official Public Records, Grayson County, Texas, on the North right-of-way line of F.M. Highway No. 1417;
THENCE in a Northerly direction with the East line of said Actichem 97.64 acre tract, the West line of said Shafer 130.48 acre tract, the following calls and distances:
North 17 deg. 57 min. 51 sec. West, a distance of 541.99 feet;
North 11 deg. 37 min. 37 sec. East, a distance of 541.99 feet;
North 44 deg. 54 min. 41 sec. West, a distance of 493.45 feet;
North 13 deg. 29 min. 05 sec. West, a distance of 2190.59 feet to the Northeast corner of said 97.64 acre tract, a Southeast corner of a 1140.06 acre tract of land described in Tract One in deed from W. C. Pickens, Jr. to Sherman Hills County Club, Ltd., dated May 17, 2002, recorded in Volume 3265, Page 890, Official Public Records, Grayson County, Texas;
THENCE North 14 deg. 26 min. 23 sec. West, continuing with the West line of said Shafer 130.48 acre tract, an East line of said 1140.06 acre tract, a distance of 468.97 feet to the Northwest corner of said 130.48 acre tract, an ell corner of said 1140.06 acre tract;
THENCE North 75 deg. 38 min. 03 sec. East, with a North line of said 130.48 acre tract, a South line of said 1140.06 acre tract, a distance of 867.16 feet to an ell corner of the herein described tract, at a point 500 feet West of and perpendicular to the West right-of-way line of U.S. Highway No. 75; THENCE in a Northerly direction 500 feet West of and parallel with the West right-of-way line of said U.S. Highway No. 75, the following calls and distances:
With a curve to the right having a radius of 3945.71 feet, (chord bears North 04 deg. 35 min. 05 sec. East, 566.30 ft.), a distance of 566.79 feet to the end of said curve;
North 08 deg. 42 min. 00 sec. East, crossing a South line of Sherman Hills Country Club Addition, Golf Course Tracts to the City of Sherman, Texas as shown by plat of record in Volume 17, Pages 71 & 72, Plat Records, Grayson County, Texas and continuing for a total distance of 1199.86 feet to a point;
North 02 deg. 29 min. 14 sec. East, a distance of 166.77 feet to a point; With a curve to the left having a radius of 3154.72 feet, (chord bears North 02 deg. 14 min. 29 sec. East, 433.48 ft.), a distance of 433.82 feet to the end of said curve;
North 17 deg. 36 min. 44 sec. West, a distance of 154.38 feet to a point; North 02 deg. 50 min. 00 sec. West, a distance of 168.45 feet to a point;
THENCE North 87 deg. 10 min. 00 sec. East, crossing a North line of said Sherman Hills Country Club Addition, Golf Course Tracts, the South line of an 0.981 acre triangular tract of land described as Tract No. 2 in deed from William P. Lee, et ux to William P. Lee and Betty Lou Lee, Trustees of the William P. Lee and Betty Lou Lee Revocable Living Trust by deed dated May 8, 1997, recorded in Volume 2548, Page 19, Official Public Records, Grayson County, Texas and continuing for a total distance of 500.00 feet to an angle point on the East line of said 0.981 acre tract, the West right-of-way line of said U.S. Highway No. 75, at highway station 817+38.7;
THENCE North 79 deg. 29 min. 51 sec. East, crossing said highway, a distance of 383.43 feet to an angle point in the East right-of-way line of said U.S. Highway No. 75, the West line of a 26.318 acre tract of land described in Tract No. 1 in said deed recorded in Volume 2548, Page 19, at highway station 817+89.87;
THENCE North 87 deg. 10 min. 00 sec. East, a distance of 500.00 feet to a point 500 feet East of and perpendicular to the East right-of-way line of said U.S. Highway No. 75;
THENCE in a Southerly direction 500 feet East of and parallel with the East right-of-way line of said U.S. Highway No. 75, the following calls and distances:
South 13 deg. 38 min. 47 sec. East, a distance of 159.91 feet to a point; South 02 deg. 50 min. 00 sec. East, a distance of 149.32 feet to the beginning of a curve;
With a curve to the right having a radius of 4524.72 feet, (chord bears South 00 deg. 0 1 min. 04 sec. West, 450.15 ft.), a distance of 450.33 feet to a point in the center of Post Oak Creek and on the Southerly line of said Lee 26.318 acre tract;
THENCE in a Southeasterly direction with the center of said Post Oak Creek, the Southerly line of said 26.318 acre tract, the following calls and distances:
South 17 deg. 55 min. 00 sec. East, a distance of 113.24 feet to a point;
South 44 deg. 10 min. 00 sec. East, a distance of 232.88 feet to a point;
South 20 deg. 59 min. 00 sec. East, a distance of 279.56 feet to a point;
South 41 deg. 03 min. 00 sec. East, a distance of 105.88 feet to a point;
South 27 deg. 54 min. 00 sec. East, a distance of 173.45 feet to an angle point and a jog to the West in the West right-of-way line of old U.S. Highway No. 75, at highway station 800+00;
South 78 deg. 32 min. 13 sec. East, crossing said old highway 75 and continuing for a total distance of 127.19 feet to a point;
North 74 deg. 16 min. 00 sec. East, a distance of 52.20 feet to a point;
North 31 deg. 15 min. 00 sec. East, a distance of 275.80 feet to a point;
South 71 deg. 38 min. 00 sec. East, a distance of 103.00 feet to a point;
South 27 deg. 54 min. 00 sec. East, a distance of 458.30 feet to a point;
South 64 deg. 26 min. 00 sec. East, a distance of 22.79 feet to a point on a West line of a West line of a 221.867 acre tract of land conveyed by Stephen B. Gremmels to Pylon Farms, Inc. by deed dated October 11, 1965, recorded in Volume 1040, Page 518, Deed Records, Grayson County, Texas;
THENCE South 13 deg. 41 min. 11 sec. East, with a West line of said 221.867 acre tract, a distance of 1098.90 feet to an ell corner of said tract;
THENCE South 29 deg. 21 min. 33 sec. West, through said 221.867 acre tract, a distance of 1443.79 feet to the Northeast corner of an 0.939 acre tract of land conveyed by Windle Lee Golden, et ux to Richard J. Kalb, et ux by deed dated July 24, 1989, recorded in Volume 2049, Page 131, Real Property Records, Grayson County, Texas, the Southeast corner of a 4.256 acre tract of land conveyed by Leon H. Bloomer, et ux to Pylon Farms, Inc. by deed dated December 21, 1965, recorded in Volume 1054, Page 67, Deed Records, Grayson County, Texas, on a West line of said 221.867 acre tract;
THENCE South 14 deg. 08 min. 33 sec. East, with a West line of said 221.867 acre tract, the East line of said 0.939 acre tract, passing the Northwest corner of Constitution Village Addition, Section Two to the City of Sherman, Texas as shown by plat of record in Volume 4, Page 22, Plat Records, Grayson County, Texas and continuing for a total distance of 246.07 feet to the Southeast corner of said 0.939 acre tract;
THENCE South 14 deg. 37 min. 30 sec. East, continuing with a West line of said 221.867 acre tract, the West line of said Constitution Village Addition, Section Two, a distance of 443.34 feet to a point;
THENCE South 13 deg. 42 min. 08 sec. East, continuing with a West line of said 221.867 acre tract, the West line of said Constitution Village Addition, Section Two, passing its Southwest corner, the Northwest corner of Constitution Village Addition to the City of Sherman, Texas as shown by plat of record in Volume 3, Page 73, Plat Records, Grayson County, Texas and continuing with the West line of said Constitution Village Addition, passing its Southwest corner on the North right-of-way line of F.M. Highway No. 1417 and continuing for a total distance of 1698.56 feet to a point on the South right-of-way line of said F.M. Highway No. 1417, the North line of a 13.40 acre tract of land described in Correction Trustee's Deed from Robert W. Minshew, Trustee to Kennedy & Minshew Professional Corporation, dated September 2, 2003, recorded in Volume 3534, Page 461, Official Public Records, Grayson County, Texas;
THENCE South 75 deg. 46 min. 49 sec. West, with the South right-of-way line of said F.M. Highway No. 1417, the North line of said 13.40 acre tract, a distance of 120.40 feet to its Northwest corner;
THENCE South 13 deg. 46 min. 49 sec. East, with the West line of said 13.40 acre tract, a distance of 776.73 feet to a point;
THENCE South 13 deg. 30 min. 32 sec. East, continuing with the West line of said 13.40 acre tract, passing its Southwest corner, the Westerly Northwest corner of a 214.134 acre tract of land conveyed by Edward C. Greene, Trustee to Rolling Meadows Associates by deed dated September 28, 1984, recorded in Volume 1716, Page 384, Deed Records, Grayson County, Texas and continuing with the Westerly West line of said 214.134 acre tract for a total distance of 849.43 feet to the Northeast corner of a 25.229 acre tract of land described in Tract 2 indeed from Sherman Development Limited Partnership No. 1 to Sam H. Berry by deed dated October 1, 1993, recorded in Volume 2298, Page 258, Real Property Records, Grayson County, Texas;
THENCE South 74 deg. 56 min. 00 sec. West, with the North line of said 25.229 acre tract, a distance of 667.02 feet to its Northwest corner, on the East right-of-way line of said U.S. Highway 75;
THENCE in a Northerly direction with the East right-of-way line of said U.S. Highway 75, the following calls and distances:
North 09 deg. 47 min. 31 sec. West, a distance of 423.53 feet to highway station 737+00"R"
North 05 deg. 50 min. 32 sec. East, a distance of 155.77 feet to highway station 738+50"R";
North 09 deg. 48 min. 00 sec. West, a distance of 200.00 feet to highway station 740+50"R";
North 14 deg. 25 min. 28 sec. West, a distance of 293.96 feet to highway station 743+43"R";
THENCE South 74 deg. 29 min. 41 sec. West, crossing said U.S. Highway 75, a distance of 319.88 feet to the Southeast corner of an 0.7688 acre tract of land conveyed by Greater Sherman, Inc. to the City of Sherman, Texas by deed dated November 8, 1978, recorded in Volume 1455, Page 265, Deed Records, Grayson County, Texas, the Northeast corner of a 24.05 acre tract of land conveyed by Sherman Economic Development Corporation to the State of Texas by deed dated January 17, 2003 recorded in Volume 3454, Page 609, Official Public Records, Grayson County, Texas.
THENCE South 80 deg. 12 min. 00 sec. West, with the South line of said 0.7688 acre tract, a North line of said 24.05 acre tract, a distance of 184.80 feet to the Southwest corner of said 0.7688 acre tract, a Northwest corner of said 24.05 acre tract, on an East line of Northgate Technology Park Addition to the City of Sherman, Texas as shown by plat of record in Volume 12, Page 43, Plat Records, Grayson County, Texas;
THENCE in a Northerly direction with the West line of said 0.76887 acre tract, an East line of said Northgate Technology Park Addition, the following calls and distances:
North, a distance of 48.43 feet to a point;
North 06 deg. 48 min. 00 sec. East, a distance of 59.50 feet to a point;
North 06 deg. 00 min. 00 sec. West, a distance of 53.00 feet to a point;
North 57 deg. 37 min. 00 sec. West, a distance of 71.12 feet to the Northwest corner of said 0.7688 acre tract, the Easterly Northeast corner of said Northgate Technology Park Addition, on the South line of 75 and 1417 Addition to the City of Sherman, Texas as shown by plat of record in Volume 12, Page 92, Plat Records, Grayson County, Texas.
THENCE South 76 deg. 23 min. 44 sec. West, with the South line of said 75 and 1417 Addition, a North line of said Northgate Technology Park Addition, a distance of 38.20 feet to the Southwest corner of Lot Two, the Southeast corner of Lot One of said 75 and 1417 Addition;
THENCE in a Northerly direction with the East line of said Lot One, the West line of said Lot Two of 75 and 1417 Addition, the following calls and distances:
North 53 deg. 38 min. 37 sec. West, a distance of 60.71 feet;
North 43 deg. 07 min. 10 sec. West, a distance of 33.15 feet;
South 77 deg. 01 min. 50 sec. West, a distance of 119.26 feet;
North 57 deg. 03 min. 29 sec. West, a distance of 63.21 feet;
South 59 deg. 49 min. 33 sec. West, a distance of 59.56 feet;
North 69 deg. 45 min. 10 sec. West, a distance of 42.46 feet;
North 06 deg. 31 min. 27 sec. East, a distance of 32.18 feet;
North 32 deg. 52 min. 33 sec. West, a distance of 54.38 feet;
North 64 deg. 39 min. 19 sec. West, a distance of 110.97 feet;
North 45 deg. 30 min. 11 sec. West, a distance of 48.34 feet to the Northeast corner of said Lot One, the Northwest corner of said Lot Two on the North line of said 75 and 1417 Addition, the South right-of-way line of F.M. Highway 1417;
THENCE North 49 deg. 46 min. 52 sec. West, crossing said F.M. Highway 1417, a distance of 194.80 feet to a point on the North right-of-way line of said F.M. Highway 1417, the South line of the above mentioned Shafer 130.48 acre tract;
THENCE in a Westerly direction with the North right-of-way line of said F.M. Highway 1417, the South line of said 130.48 acre tract, the following calls and distances:
South 70 deg. 42 min. 26 sec. West, a distance of 200.49 feet;
South 74 deg. 58 min. 59 sec. West, a distance of 499.93 feet;
South 73 deg. 49 min. 20 sec. West, a distance of 207.88 feet to the PLACE OF BEGINNING and containing 428.74 ACRES OF LAND more or less.
(e) 
Use chart.The use of land or buildings within the Blalock Commercial Overlay District shall be in accordance with those listed in Article 14.10 (Use Chart) of the Zoning Ordinance as determined by the base zoning district of the property, unless specified below.
Use Type
Blalock Commercial Overlay District
Educational, Institutional, Public and Special Uses
Helistop
P
Household care facility
P
Museum/art gallery
P
Transportation, Utility and Communication Uses
Stealth antenna
P
Commercial telephone exchange
P
Office and Professional Uses
Administrative, medical or professional office
P
Government office
P
Insurance office
P
Research and development center
P
Retail Uses
Retail uses over 50,000 sq. ft.
SUP
Alcoholic beverage establishment
P
Antique shop and used furniture
P
Building material and hardware sales
P
Major building material and hardware sales
P
Minor convenience store with gas pumps
P
Convenience store without gas pumps
P
Equipment and machinery sales and rental
P
Major equipment and machinery sales and rental
P
Minor feed store
P
Furniture, home furnishings and appliance store retail stores and shops
P
Restaurant or cafeteria
P
Service Uses
Artisan's workshop
P
Bank, savings and loan or credit union
P
Beauty salon/barber shop
P
Business service
P
Cabinet/upholstery shop
P
Contractor's shop and/or storage yard (inside)
P
Dry cleaning, major dry cleaning
P
Minor furniture restoration
P
Gunsmith
P
Gymnastics/dance studio
P
Health/fitness center
P
Hotel
SUP
Household appliance service and repair
P
Indoor gun range
P
Locksmith/security system company
P
Mortuary/funeral parlor
P
Print shop
P
Minor restaurant or cafeteria
P
Restaurant, drive-in
P
Small engine repair shop
P
Veterinarian clinic with indoor soundproof kennels
P
Automobile and Related Uses
Auto parts sales, inside
P
Automobile parking lot/garage
P
Automobile repair, major-no outside storage
P
Automobile repair, minor-no outside storage
P
Automobile sales/leasing, new
P
Carwash
P
Motorcycle sales/service
P
Wholesale Uses
Bottling works
P
Mini-warehouse/public storage
P
Office/showroom
P
Office/warehouse/distribution center storage or wholesale warehouse
P
Legend for Use Chart
P - Use is permitted by right in district indicated
SUP - Use is permitted in district only upon approval of a specific use permit
(f) 
Prohibited uses.
Bulk chemical and petroleum storage terminals
Sexually oriented business
(g) 
Non-residential building placement.
(1) 
55.7' from ROW of Hwy 75 and Heritage Parkway
(2) 
55.7" from ROW of other streets
(3) 
55.7' from interior and rear property lines
(h) 
Signs.
One freestanding sign per lot. Signs may have a maximum 65 square foot face area and shall not exceed twelve feet in height. Minimum setback for signs shall be 25 feet from the highway right-of-way.
(i) 
Parking areas.
Parking areas and driveways shall be concrete and with curb and gutter along state highways adjacent to open drainage areas. Alternative parking materials may be used to reduce impervious cover when parking is provided that exceeds city requirements and approved by the planning and zoning commission. Cross access driveways are required adjacent to commercial zoned tracts. The number of parking spaces required for each use is determined by similar uses in commercial and manufacturing districts.
(j) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy. All detention ponds shall be landscaped.
(B) 
Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the highway right-of-way.
(C) 
All landscaping shall be installed so as to avoid hazards.
(D) 
An effort shall be made to preserve existing trees.
(k) 
Mandatory site and structure provisions.
(1) 
Specific materials and color palette.
To achieve unity between buildings in a commercial development of more than one building, all buildings in the subject development shall use a minimum of 10% of stone or faux stone for all street facing or publicly visible facades. All other building materials and colors should coordinate with and compliment this stone.
(2) 
Masonry requirements.
All buildings shall be constructed with a minimum 60% masonry, exclusive of doors and windows. Masonry shall consist of brick, stone, stucco, simulated stone, or architecturally detailed and painted concrete tilt wall. Unpainted, integral color concrete masonry units are allowed as masonry, but are limited to maximum 50% of a street facing facade.
(3) 
Secondary materials.
Secondary materials (maximum 40%) may be EIFS, stucco, wood, metal, or other approved material. Wood or vertical metal shall be limited to a maximum 15% of any building facade per material.
(4) 
Earth-toned colors.
At least 80% of facade is neutral, creme, or deep, rich, non-reflective natural or earth-toned colors, and no more than 1 color is used for visible roof surfaces.
(5) 
EIFS.
The use of exterior insulated finishing system (EIFS) is not allowed below eight (8) feet above finished grade.
(6) 
Glass.
Windows shall have a maximum reflectivity of 20%. Pink and gold glass is not permitted.
(7) 
Mechanical unit screening.
All mechanical equipment shall be screened from all public view. Screening must match building color and material. Ground-mounted mechanical units may be screened with an evergreen landscape screen.
(8) 
Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.
(9) 
Trash and recycling collection areas.
(A) 
Trash and recycling collection areas shall be located to minimize visibility.
(B) 
Trash, recycling receptacles, and trash compactors shall be screened with an eight foot masonry wall of a consistent color and material of the primary building.
(C) 
Enclosures shall be oriented so that the service opening does not face any public right-of-way or residentially zoned property where possible. The opening shall incorporate a metal gate to visually screen the dumpster or compactor. Concrete-filled steel bollards are required at the rear of the enclosure and in front of the enclosure to protect the gate hinges.
(D) 
Enclosures located in public areas must be screened with landscaping.
(E) 
All metal gates must not be allowed to swing into the drive aisle or fire lane.
(10) 
Loading areas.
All loading and service areas shall be screened from view from adjacent public streets and adjacent residential when possible. Screening shall be by walls compatible to the project design and landscaping.
(l) 
Design elements.
Each development must score a minimum of 6 points for buildings under 10,000 sf, 8 points for buildings 10,001–50,000 sf, and 10 points for buildings/developments 50,001 sf or above by implementing a choice/combination of the following design element (see appendix A of this subsection for illustrations):
Points
Element
Description (if necessary)
4
Four-sided architecture
Building to be equally finished with a "front door" appearance on all four sides. Required masonry percentages to be met on each elevation.
3
Building articulation
Building facades over 100' in length must have building offsets of at least 4' for a minimum of 25% of the facade. No wall plane may extend more than 100' without horizontal and vertical articulation. Building facades between 40–100' in length may have either horizontal or vertical articulation.
Facade articulations/offsets shall be shown on the elevation drawings along with dimensions verifying that the elevations have met the above requirements as part of site plan submittal.
2
Porches
Covered areas with columns and sloped roof attached to the main facade of the structure. Must extend at least 6 feet beyond the main facade and across at least 15% of the facade.
1
Trellises
Trellis used to enhance an entry feature or as a shaded walkway.
2
Covered walkways
An exterior walkway at least 6' in depth protected by the roof of the main structure, and across at least 15% of the facade.
3
Canopies/awnings
Coverings of canvas, metal, or other material hung from the building facade to protect windows or door openings.
3
Roof overhangs
Buildings that feature a pitched roof or partially pitched roof with overhang at least 4 feet beyond the primary facade.
4
Natural materials
Use stone, simulated stone, stucco and/or brick, for at least 60% of facade (exclusive of doors and windows).
4
Pitched roof
Pitched roof covering 100% of the total roof area with a pitch of at least 3:12 and no visible flat roofline.
2
Gabled elements
If a flat roof is used, gabled parapet walls are used to break up long facades.
3
Varied roof heights
Within a pitched roof, varied roof heights or dormers to break up the line of the roof.
2
Architectural details in the building facade
i.e. ornamental brickwork, limestone window/door lintels, etc.
1
Decorative paving at sidewalks
Pavers or decorative concrete for min. 10% of total walkways.
1
Site amenities
Outdoor seating, patio areas, fountains, or decorative light fixtures.
1
Public sculpture/artwork
Point validity to be determined by the planning and zoning commission.
2
Enhanced landscape
Provide a minimum increase of 25% in the number of trees, shrubs, and ornamental plantings required by city ordinance.
*
Additions to existing buildings must be of similar design, and must meet the point score required for the building size of the addition.
**
Applicant must submit a table with the architectural drawings enumerating the proposed points acquired for the development.
Appendix A
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Appendix B Architectural Examples
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(Ordinance 6555 adopted 12/5/2022; Ordinance 6597 adopted 6/26/2023)
Editor’s note–Former section 14.03.008 pertaining to the arts and cultural overlay district and deriving from Ordinance 6555 adopted 12/5/2022, was repealed and deleted in its entirety by Ordinance 6618 adopted 7/17/2023.
(a) 
Introduction.
(1) 
The central business district overlay is intended to protect the aesthetic and visual character of Sherman's downtown through the establishment of three distinct subdistricts: The Downtown District, the Highway District and the Grayson County District.
(2) 
The central business district overlay is intended to provide a location for a mix of land uses including general commercial and retail activities, office as well as multifamily in the downtown area. Developments in the central business district are typically smaller in size but are critical to the business and entertainment of the entire city.
(3) 
Any other standards, regulations or requirements within this overlay shall override those in the base zoning district in the event of a conflict not addressed above. Standards, regulations or requirements of the base zoning district not augmented or otherwise supplemented by this overlay will continue to prevail. Notwithstanding any statement to the contrary in this subsection, standards, regulations or requirements of any planned development district within this overlay shall prevail in the event they conflict with standards, regulations or requirements of this overlay.
(b) 
Boundary areas.
(1) 
Area boundaries.
The central business district overlay is established on property as shown on the official zoning map and as depicted in exhibit A, attached hereto and incorporated herein by reference being described as all property within the area from the center of the right-of-way of Montgomery Street from the center of the railroad tracks south to the center of the right-of-way of Cherry Street, the center of the right-of-way of Cherry Street west to the center of the right-of-way of Elm Street, the center of the right-of-way of Elm Street north to the center of the right-of-way of Jones Street, the center of the right-of-way of Jones Street west to the center of the right-of-way of U.S. Highway 75, the center of the right-of-way of U.S. Highway 75 north to the center of the railroad tracks, the center of the railroad tracks east to the center of the right-of-way of Montgomery Street.
(2) 
Central business district overlay subdistricts.
(A) 
Downtown subdistrict.
Montgomery Street from the center of the railroad tracks south to the center of the right-of-way of Cherry Street, the center of the right-of-way of Cherry Street west to the center of the right-of-way of Crockett Street, the center of the right-of-way of Crockett Street north to the center of the right-of-way of Jones Street, the center of the right-of-way of Jones Street west to the center of the right-of-way of Rusk Street, the center of the right-of-way of Rusk Street north to the center of the Washington Street, the center of the right-of-way of Washington Street east to the center of the right-of-way of Elm Street, the center of the right-of-way of Elm Street north to the center of the railroad tracks, the center of the railroad tracks east to the center of the right-of-way of Montgomery Street.
(B) 
Highway subdistrict.
Elm Street from the center of the railroad tracks south to the center of the right-of-way of Washington Street, the center of the right-of-way of Washington Street west to the center of the right-of-way of Rusk Street, the center of the right-of-way of Rusk Street south to center of the right-of-way of Jones Street, the center of the right-of-way of Jones Street west to the center of the right-of-way of U.S. Highway 75, the center of the right-of-way of U.S. Highway 75 north to the center of the right-of-way of Pecan Street, the center of the right-of-way of Pecan Street east to the center of the right-of-way of Elm Street.
(C) 
Grayson County subdistrict.
The Grayson County Sub-District is established on property described as the southern half of the block located between Crockett Street to the east, Elm Street to the west, Cherry Street to the south and Lamar Street to the north.
(c) 
Central business district building design.
(1) 
General provisions.
(A) 
The purpose of this subsection is to maintain the historical architecture and character of city's central business district.
(B) 
As buildings are remodeled or newly constructed, these historical elements need to be preserved or enlarged.
(C) 
Distinctive architectural features, finishes, and construction techniques or examples of craftsmanship that characterize a building or structure should be preserved.
(2) 
Exterior walls.
Building materials must be specified and consistent with the intent of these standards. Masonry or equivalent shall be required on the sides of all commercial buildings in C-O (office) district, C-1 (retail business) district, and C-2 (general commercial) district visible from the front street right-of-way in the central business district. A complete set of elevation plans and schedule of materials used on every freestanding building shall be submitted to the planning and zoning commission.
(A) 
Exterior walls.
(i) 
All buildings and structures shall have at least 85% of the total exterior walls, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the city building regulations code and fire prevention and protection code. No blank walls shall face public streets.
(ii) 
The following primary material list shall apply:
a. 
Masonry consisting of stone, cultured or cast stone.
b. 
Brick or brick veneer.
c. 
Tile.
d. 
Stucco.
e. 
Architecturally finished block.
f. 
Architectural glass (less than 27% reflectance).
(iii) 
A maximum of 15% of the facade may include accent materials not listed on the approved primary material list. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the planning and zoning commission for approval.
(iv) 
The following materials are prohibited as primary cladding: Aluminum siding, galvanized steel or other bright metal, wood or plastic siding, cementitious fiberboard, unfinished concrete block, exposed aggregate concrete, and reflective glass (greater than 27% reflectance).
(B) 
Exterior colors.
These guideline recommendations are consistent with other example corridors with the intent of creating complementary building design.
(i) 
A minimum of 80% of all building elevations shall be finished with complimentary neutral, cream, or deep, rich, nonreflective earth tone colors.
(ii) 
No more than 20% of any building elevation may be finished with bright, pure tone primary or secondary colors. These colors shall be limited to use on accent features including, but not limited to window and door frames, moldings, cornices, canopies, and awnings.
(iii) 
Building elevations with painted wall murals are exempt from the regulations in this section.
(C) 
All buildings shall be architecturally finished with the same materials and details on all sides that are visible from the public roadway.
(D) 
Additional architectural features (minimum 4 features).
All buildings shall have at least four architectural features from the following list:
(i) 
Canopies, awnings, or porticos.
(ii) 
Recesses/projections.
(iii) 
Arcades (recessed porches).
(iv) 
Peaked roof forms.
(v) 
Arches.
(vi) 
Outdoor patios.
(vii) 
Display windows.
(viii) 
Architectural details (such as tile work and moldings) integrated into the building facade.
(ix) 
Articulated cornice line.
(x) 
Integrated planters or wing walls that incorporate landscape and sitting areas.
(xi) 
Offsets, reveals or projecting rib used to express architectural or structural bays.
(xii) 
Accent materials, such as stone, stucco, etc. (minimum 15% of exterior facade).
(xiii) 
Varied roof heights. If an existing historical building does not satisfy the requirements in this section, it is exempt from these requirements.
(E) 
Other required or optional features may include:
(i) 
Entryway features.
All ground floor entrances shall be covered or inset and shall not apply to loading areas. Primary building entrances are to be defined and articulated with architectural elements such as arcades, roofs, alcoves, columns, porticos, porches, and overhangs.
(ii) 
Building articulation.
All buildings shall utilize facade offsets and appropriate fenestration to add architectural variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.
(iii) 
Roof treatment.
a. 
Long uninterrupted rooflines and planes that are visible from the public right-of-way or are oriented to properties zoned or used for residential purposes shall be broken into smaller segments through the use of appropriately scaled gables and/or dormers, changes in height, changes in roof form, type, or planes which typically correspond to offsets in the building's facade, or other appropriate architectural elements.
b. 
The following materials are allowed for sloping roofs:
1. 
Asphalt shingles.
2. 
Industry approved synthetic shingles.
3. 
Standing seam metal.
4. 
Tile roofs.
5. 
Flat roofs shall require parapet screening which adheres to the vertical articulation requirements for the main face of the structure. Parapet rooflines shall feature a well-defined cornice treatment or another similar architectural element to visually cap each building elevation.
c. 
The following materials are prohibited as roofing materials: wood roof shingles.
(3) 
Fire escapes.
Exterior fire escapes shall not be permitted on the front side of a building.
(4) 
Mechanical equipment.
Exposed duct and mechanical equipment shall not be permitted on any side of the building visible from the public right-of-way.
(5) 
Retaining wall.
Visible portions of retaining walls shall be constructed of brick, stone, marble or the built-up panels of these materials designed for exterior use. Retaining walls shall be shown on the site plan and elevations shall be provided. Exposed basket type retaining walls shall not be permitted.
(d) 
Central business district building placement.
(1) 
Downtown subdistrict.
(A) 
Minimum lot area: 2,000 sq. ft.
(B) 
Minimum lot width: 20'.
(C) 
Minimum setback:
(i) 
Front setback: 0'.
(ii) 
Rear setback: 0'.
(iii) 
Side setback: 0'.
(iv) 
No building or structure shall be placed within the following triangular areas at the intersections of streets and alleys due to sight distance requirements:
a. 
At all street intersections, the triangular area formed by the street right-of-way lines and a line connecting them at points fifteen (15) feet from the intersection of the right-of-way lines. Depending on the curvature of intersecting roads, the city engineer may require a larger triangular area.
(D) 
Maximum building height: 80'.
(E) 
Setback encroachment: Open building projections such as balconies, awnings, and canopies may extend within the public right-of-way to provide shade and covering for pedestrian traffic. The projections may extend up to ten (10) feet into the right-of-way, but not greater than the width of the sidewalk if less than ten (10) feet. Any supporting structures for said projections shall be reviewed and approved by the city engineer for health and life safety reasons.
(2) 
Highway subdistrict.
(A) 
Minimum lot area: 10,000 sq. ft.
(B) 
Minimum lot width: 50'.
(C) 
Minimum setback:
(i) 
Forty (40) feet from the U.S. 75 Highway right-of-way.
(ii) 
Twenty-five (25) feet from Houston Street or Lamar Street right-of-way.
(iii) 
Fifteen (15) feet from right-of-way of all other public streets.
(iv) 
No setback from rear and side property lines.
(D) 
Maximum building height: 50'.
(3) 
Grayson County subdistrict.
(A) 
Minimum lot area: 2,000 sq. ft.
(B) 
Minimum lot width: 20'.
(C) 
Minimum setback:
(i) 
Front setback: 0'.
(ii) 
Rear setback: 0'.
(iii) 
Side setback: 0'.
(iv) 
No building or structure shall be placed within the following triangular areas at the intersections of streets and alleys due to sight distance requirements:
a. 
At all street intersections, the triangular area formed by the street right-of-way lines and a line connecting them at points fifteen (15) feet from the intersection of the right-of-way lines. Depending on the curvature of intersecting roads, the city engineer may require a larger triangular area.
(D) 
Maximum building height: 80'.
(e) 
Use chart.
The use of land or buildings within the central business district overlay shall be in accordance with those listed in the article 14.10 (use chart) of the zoning ordinance as determined by the base zoning district of the property, unless specified below.
Use Type
Downtown District
Highway District
Grayson County District
Alcoholic beverage establishments
P
P
P
Assisted living facility or nursing home
SUP
Auditorium, arena, coliseum, theater, or amphitheater
SUP
SUP
SUP
Automobile accessory and supply store
P
Automobile laundry, carwash
SUP
Automobile rental or taxi storage and repair
SUP
Automobile repair, body work, or painting
SUP
Automobile service station
SUP
Bakery, confectionery, or similar (retail)
P
P
P
Bank, credit unions, and financial institutions
P
P
P
Barbershop, beauty parlor or permanent makeup
P
P
P
Bed and breakfast establishments
P
P
P
Caterer
P
P
P
Christmas tree sales
P
P
P
Church or other place of worship
SUP
SUP
SUP
Civic club, fraternal organization, or lodge
SUP
SUP
SUP
Clinic, medical or dental
P
P
P
Commercial amusement center, indoor only
SUP
SUP
SUP
Community center
P
P
P
Correctional or detention facility or jail
SUP [1]
Department store
P
P
P
Drug-store or pharmacy
P
P
P
Dwelling, multifamily
[2]
SUP
[2]
Dwelling, single-family
P
Dwelling, townhome
SUP
Farmer's market, indoor or outdoor
P
P
P
Florist shop
P
P
P
Food or grocery store, retail
P
P
P
Food truck lot
SUP
SUP
SUP
Funeral home, mortuary, or crematory
P
P
P
Furniture and appliances sales, custom upholstery, not automobile related
P
P
P
Governmental office
P
P
P
Greenhouse, plant nursery, or garden center
P
P
P
Hardware store and small tool rental, but not including sales or lumber or industrial hardware
P
P
P
Health club or studio
P
P
P
Hookah bar, smoking lounge, smoke shop, or vape shop
SUP
SUP
SUP
Hotel
SUP
SUP
SUP
Laundry, pickup station or self-service
P
P
P
Meeting halls
SUP
SUP
SUP
Municipal uses operated by the city
P
P
P
Museum, library, art gallery
P
P
P
Nursery, kindergarten, or daycare for children
P
P
P
Office, any type
P
P
P
Parking, surface or structured
P
P
P
Personal service (accounting, travel, attorney, or similar)
P
P
P
Pet shop (indoor only)
P
P
P
Printing, publishing, or reprographics, including engraving or photoengraving
P
P
P
Private clubs when required to obtain a permit from the Texas Alcoholic Beverage Commission
SUP
SUP
SUP
Radio or television broadcasting transmitter or tower, microwave relay tower
SUP
SUP
SUP
Restaurant (inside and/or outside service)
P
P
P
Retail store (indoor)
P
P
P
Schools; elementary, high, college and universities, public, private, or denominational
SUP
SUP
SUP
Secondhand store or rummage shop
SUP
SUP
SUP
Snow cone stand
P
P
P
Studio for professional work or teaching (fine arts, photography, music, drama, radio, television, or recording)
P
P
P
Swimming pool, commercial
P
P
P
Tailor shop, seamstress, altering, and repairing of apparel
P
P
P
Tattoo studio
SUP
SUP
Veterinarian or animal hospital (indoor soundproof kennels only)
P
P
P
Legend for use chart:
P — Use is permitted by right in subdistrict indicated
[Blank] — Use is prohibited in subdistrict indicated
SUP — Use is permitted in subdistrict only upon approval of a specific use permit
[#] — The use is permitted with certain conditions.
[1]
Correctional or detention facility or jail: A correctional, detention facility or jail along with receiving a specific use permit, must also provide all of the required parking by lease or ownership on site or on directly adjacent or diagonally adjacent properties.
[2]
Dwelling, multifamily: Multifamily units are permitted within the downtown district and the Grayson County District of the central business district overlay subject to the following conditions:
Residential units shall not be allowed on the first floor of any building.
Residential units shall conform to all adopted building codes.
There is no minimum number of residential units to be considered multifamily in the downtown district.
Parking shall be provided for one (1) off-street parking space for each residential unit. Parking requirements may be met on-site, on-street, or by lease from a site directly adjacent or diagonally adjacent to the subject property.
(f) 
Landscaping.
(1) 
Landscaping definition.
Landscaping shall be defined, for the purposes of these requirements, as plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground cover, natural land forms, water forms, planters, walks and plaza areas.
(2) 
Site definition.
Site shall be defined, for the purposes of these guidelines, as any plot, tract or parcel of land or combination of contiguous lots, tracts or parcels of land which is developed (or intended for development) according to an overall site plan. A site shall be exclusive of any land dedicated for public use through the platting process.
(3) 
Compliance.
Landscaping shall conform to the following:
(A) 
Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy.
(B) 
Every site adjacent to the U.S. 75 Highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten (10) feet in depth adjacent to the U.S. 75 Highway right-of-way.
(i) 
All landscaping shall be installed to avoid hazards.
(ii) 
An effort shall be made to preserve existing trees.
(C) 
Off-street parking lots with twenty-five (25) parking spaces or more shall have open landscaped areas that are equal to but not less than ten (10) percent of the parking areas and drives in the parking areas. The required area may be used as island, perimeter landscaping, or in any combination. A minimum of forty (40) percent of the required landscaped area must be used as islands. Parking garages are exempt from this requirement.
(g) 
Screening.
(1) 
Refuse areas.
All refuse areas and dumpsters shall be screened on three sides and shall be located on private property. Whenever possible, property owners may share garbage dumpsters. The enclosure shall be constructed of a material that is consistent with the main building construction. Gates are not required.
(2) 
Mechanical equipment.
All ground-mounted and roof mounted equipment including, but not limited to, air-conditioning/heating units, pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened or located away from the view of public streets and from the view of adjacent properties. Whenever possible, appurtenances for utility services shall be installed at the rear of the structure which they service.
(h) 
Signs.
(1) 
Freestanding signs.
(A) 
Downtown subdistrict.
(i) 
Only one freestanding sign is permitted per platted lot.
(ii) 
Pylon or pole signs are not permitted in the downtown district.
(iii) 
Monument signs must include a landscaped, stone-based feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site.
(iv) 
Signs may have a maximum of 65 square foot face area and shall not exceed six (6) feet in height. There is no setback for freestanding signs, but they must not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the director of engineering, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(B) 
Highway subdistrict.
(i) 
Only one freestanding sign is permitted per platted lot, with the exception of corner lots. Corner lots are permitted to have one pole or pylon sign and one monument sign per platted lot.
(ii) 
Pylon or pole signs may have a maximum of 300 square feet face area and shall not exceed fifty (50) feet in height. Minimum setback for freestanding signs shall be twenty-five (25) feet from the property line.
(iii) 
Monument signs must include a landscaped, stone-based feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site, unless the building is an existing nonconforming structure.
(iv) 
Monument signs may have a maximum of 80 square foot face area and shall not exceed eight (8) feet in height. Minimum setback for monument signs shall be ten (10) feet from the property line and must not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the director of engineering, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(C) 
Grayson County subdistrict.
(i) 
Only one freestanding sign is permitted per platted lot.
(ii) 
Pylon or pole signs are not permitted in the Grayson County District.
(iii) 
Monument signs must include a landscaped, stone-based feature. All monument sign bases shall be constructed of the same material as the front building facade on the same site.
(iv) 
Signs may have a maximum of 65 square foot face area and shall not exceed six (6) feet in height. There is no setback for freestanding signs, but they must not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the director of engineering, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(2) 
Wall signs.
Wall signs may have a maximum of 300 square feet face area and not be greater than twenty (20) percent of the area of any single wall elevation.
(3) 
Projecting signs.
Projecting signs in the central business district overlay shall have a minimum clearance from the sidewalk of 8.5 feet and shall not project more than five (5) feet from the building or more than fifty (50) percent of the width of the sidewalk adjacent to the building, whichever is less. No supporting structures for said signs is permitted within the public right-of-way.
(4) 
Painted wall murals.
(A) 
Only one mural is permitted per building.
(B) 
Murals are allowed to cover the entire wall area, but cannot exceed forty (40) feet above grade.
(C) 
No mural shall be placed over glass openings for windows and doors or glass wall construction.
(D) 
Murals shall be painted with a weather-resistant paint.
(E) 
Should the mural become faded, peeled, and severely weathered as determined by the director of development services, the owner, or the person or firm maintaining the same, shall, upon written notice, repair or remove the mural or repaint the wall on which the mural is painted within 60 days.
(F) 
No portion of the mural shall be used to advertise a specific product or service. The mural may display the name or logo of the on-site tenant, as long as it does not exceed 300 square feet in sign area and no more than twenty (20) percent of the mural area. A sign permit is required for the portion of the mural that is providing an advertisement of the on-site tenant.
(5) 
Billboards shall not be permitted within the central business district.
(i) 
Parking regulations.
(1) 
Downtown subdistrict.
(A) 
Parking shall be provided for one (1) parking space for each residential unit. Parking requirements may be met on-site or by lease or ownership from a site directly adjacent or diagonally adjacent to the subject property.
(B) 
Parking shall be provided for one (1) parking space for every 400 square feet of office space. Parking requirements may be met on-site or by lease or ownership.
(C) 
There are no parking requirements for retail or restaurant uses in the downtown subdistrict.
(2) 
Highway subdistrict.
(A) 
Refer to section 14.04.003 for parking regulations.
(3) 
Grayson County subdistrict.
(A) 
Parking shall be provided for one (1) parking space for each residential unit. Parking requirements may be met on-site, on-street, or by lease from a site directly adjacent or diagonally adjacent to the subject property.
(B) 
Parking shall be provided for one (1) parking space for every 400 square feet of office space. Parking requirements may be met on-site, on-street, or by lease from a site directly adjacent or diagonally adjacent to the subject property.
(C) 
Parking shall be provided for one (1) parking space for every three (3) employees for a correctional or detention facility or jail. Parking requirements may be met on-site, on-street, or by lease from a site directly adjacent or diagonally adjacent to the subject property.
(j) 
Procedures and notice.
(1) 
The planning and zoning commission shall review the specific elements of site and building plans for development within the overlay district development area for compliance with these standards and shall make a determination of approval or disapproval of the site plan as submitted.
(2) 
The planning and zoning commission shall review all exceptions and requests for variations to the development standards to determine compliance with the intent of the standards or to determine the necessity and appropriateness of the required exception or variation.
(3) 
If the planning and zoning commission denies any site plan, the same application may not be filed for a period of twelve (12) months from the date of such denial.
(4) 
Any applicant aggrieved by a decision of the planning and zoning commission may appeal the decision subject to the regulations in section 14.06.010.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6597 adopted 6/26/2023; Ordinance 6618 adopted 7/17/2023)
See article 1.10 in the City's Code of Ordinances for regulations for the heritage row historical district.
(Ordinance 6555 adopted 12/5/2022)