Introduction.

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.

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)

§ 14.03.002 F.M. Highway 1417 Overlay District.

Introduction.

Intent and purpose.

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.

(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.

(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.

(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.

(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.

(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:

Masonry consisting of stone, cultured or cast stone.

Brick or brick veneer.

Tile.

Stucco.

Architecturally finished block.

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.

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.

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.

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.

The following materials are allowed for sloping roofs:

Asphalt shingles.

Industry approved synthetic shingles.

Standing seam metal.

Tile roofs.

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.

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.

(e)

Non-residential and multifamily building placement.

(1)

Setbacks from property lines adjacent to streets.

(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;

Parking areas.

Landscaping.

Landscaping definition.

(2)

Site definition.

(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.

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.

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.

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.

(B)

Loading docks.

(C)

Outdoor storage area.

(D)

Refuse areas.

All refuse areas shall be screened on three sides. Gates are not required.

(E)

Ground-mounted equipment.

(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)

(2)

(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)

(Ordinance 6555 adopted 12/5/2022)

§ 14.03.003 Sam Rayburn Overlay District.

(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.

(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.

(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.

(e)

Non-residential and multifamily building placement.

(1)

Setbacks from property lines adjacent to streets.

(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.

(2)

Site definition.

(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)

(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)

(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.

(B)

Loading docks.

(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)

(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)

(Ordinance 6555 adopted 12/5/2022)

§ 14.03.004 F.M. Highway 691 Overlay District.

Introduction.

Intent and purpose.

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.

(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.

(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.

(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.

(3)

Action on application.

(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.

Exterior walls.

Exterior walls.

The following primary material list shall apply:

Masonry consisting of stone, cultured or cast stone.

Brick or brick veneer.

Tile.

Stucco.

Architecturally finished block.

Architectural glass (less than 27% reflectance).

(iii)

(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)

(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.

(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.

The following materials are allowed for sloping roofs:

Asphalt shingles.

Industry approved synthetic shingles.

Standing seam metal.

Tile roofs.

(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.

(e)

Non-residential and multifamily building placement.

(1)

Setbacks from property lines adjacent to streets.

(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;

Parking areas.

Landscaping.

Landscaping definition.

(2)

Site definition.

(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)

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.

(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.

(2)

Screening of non-residential uses from residential uses.

(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.

(B)

Loading docks.

(C)

Outdoor storage area.

(D)

Refuse areas.

All refuse areas shall be screened on three sides. Gates are not required.

(E)

Ground-mounted equipment.

(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)

(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)

(2)

(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)

(Ordinance 6555 adopted 12/5/2022)

§ 14.03.005 State Highway 289 Overlay District.

Introduction.

Intent and purpose.

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.

(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.

(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.

(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.

(3)

Action on application.

(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.

Exterior walls.

Exterior walls.

The following primary material list shall apply:

Masonry consisting of stone, cultured or cast stone.

Brick or brick veneer.

Tile.

Stucco.

Architecturally finished block.

Architectural glass (less than 27% reflectance).

(iii)

(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)

(C)

(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.

(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.

The following materials are allowed for sloping roofs:

Asphalt shingles.

Industry approved synthetic shingles.

Standing seam metal.

Tile roofs.

(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.

(e)

Non-residential and multifamily building placement.

(1)

Setbacks from property lines adjacent to streets.

(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;

Parking areas.

Landscaping.

Landscaping definition.

(2)

Site definition.

(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)

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.

(i)

Fencing or masonry walls.

(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.

(2)

Screening of non-residential uses from residential uses.

(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)

(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.

(B)

Loading docks.

(C)

Outdoor storage area.

(D)

Refuse areas.

All refuse areas shall be screened on three sides. Gates are not required.

(E)

Ground-mounted equipment.

(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)

(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)

(2)

(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)

(Ordinance 6555 adopted 12/5/2022)

§ 14.03.006 College Park Overlay District.

(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)

(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)

(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)

(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)

(Ordinance 6555 adopted 12/5/2022)

§ 14.03.007 Blalock Commercial Overlay District.

(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)

The Blalock Commercial Overlay District is intended to protect the aesthetic and visual character of the district.

(3)

The Blalock Commercial Overlay District is intended to provide a location for a mix of land uses including retail, service, and industrial activities as well as multifamily in the district.

(4)

(b)

Boundary.

The Blalock Commercial Overlay District is established on the property depicted and described in exhibit A, attached to Ordinance 6713 to and incorporated herein by reference.

(c)

Building placement.

(1)

Minimum lot area: 1 acre.

(2)

Minimum lot width: 100'.

(3)

Building setbacks shall be as follows:

(A)

70' from U.S. Highway 75;

(B)

50' from F.M. 1417;

(C)

40' from Travis Street;

(D)

25' from all other public roads;

(E)

15' from side and rear yards not adjacent to public roads;

(F)

40' setback from any single-family zoned property;

(G)

Commercial accessory structures such as menu boards and drive-thru canopies may be located in the rear yard or the required side yard, but shall have a five (5) foot setback from property lines.

(4)

Maximum building height: 80' unless specified differently in the Blalock Industrial Park Planned Development District Regulations.

(5)

Maximum impervious cover for manufacturing uses: 80%.

(d)

Use chart.

(1)

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, and the following uses, which are in addition to those uses listed in Article 14.10 (Use Chart):.

Use Type	Blalock Commercial Overlay District
Alcoholic beverage establishments	P
Auditorium, arena, coliseum, theater, or amphitheater	SUP
Automobile accessory and supply store	P
Automobile laundry, carwash	P
Automobile repair, body work, or painting	SUP
Automobile service station	P
Bakery, confectionery, or similar (retail)	P
Bank, credit unions, and financial institutions	P
Barbershop, beauty parlor or permanent makeup	P
Building material sales or monument sales	SUP
Caterer	P
Christmas tree sales	(B)
Church or other place of worship	SUP
Civic club, fraternal organization, or lodge	SUP
Clinic, medical or dental	P
Commercial amusement center, indoor only	SUP
Contractors or construction offices, equipment sales, service, rental and repair, without outdoor storage	P
Department store	P
Drug-store or pharmacy	P
Farm equipment sales, service, repairs, feed store	SUP
Farmer's market, indoor or outdoor	SUP
Florist shop	P
Food or grocery store, retail	P
Food truck lot	SUP
Funeral home, mortuary, or crematory	P
Furniture and appliances sales, service, custom upholstery, not automobile related	P
Governmental office	P
Greenhouse, plant nursery, or garden center	P
Hardware store and small tool rental, but not including sales or lumber or industrial hardware	P
Health club or studio	P
Hotel	SUP
Laundry, pickup station or self-service	P
Municipal Uses Operated by the City	P
Museum, library, art gallery	P
Office, any type	P
Outdoor sales	(A)
Parking, surface or structured	P
Personal service (accounting, travel, attorney, or similar)	P
Pet shop (indoor only)	P
Printing, publishing, or reprographics, including engraving or photoengraving	P
Private clubs when required to obtain a permit from the Texas Alcoholic Beverage Commission	SUP
Radio or television broadcasting transmitter or tower, microwave relay tower	SUP
Restaurant (inside and/or outside service)	P
Retail store (indoor)	P
Schools; elementary, high, college and universities, public, private, or denominational	SUP
Studio for professional work or teaching (fine arts, photography, music, drama, radio, television, or recording)	P
Swimming pool, commercial	P
Tailor shop, seamstress, altering, and repairing of apparel	P
Veterinarian or animal hospital (indoor soundproof kennels only)	P
Wholesale establishment including storage	P
Warehousing	P

Legend for use chart:
P — Use is permitted by right.
SUP — Use is permitted only upon approval of a specific use permit.
TUP — Use is permitted only upon approval of a temporary use permit.
(#) — The use is permitted with certain conditions.

(A)

Outdoor sales.

Outdoor sales are permitted within the Blalock Commercial Overlay District subject to the following conditions:

(i)

Outdoor sales shall not be located in any required parking areas, drive aisles, or fire lanes.

(ii)

Outdoor sales may be permitted in the front yard located at the front of the main building but shall not block access to any doorways or pedestrian walkways.

(iii)

Outdoor sales shall not extend beyond the closest fire lane that parallels the front of the main building.

(iv)

Outdoor sales shall not be permitted in the side and rear yard of a lot.

(B)

Christmas tree sales.

Christmas tree sales are permitted within the Blalock Commercial Overlay District subject to the following conditions:

(i)

Shall only be permitted on lots with an active certificate of occupancy for retail stores over 50,000 square feet in floor area.

(ii)

Christmas tree sales may extend into the main parking areas but shall not be located in any required parking areas, drive aisles, or fire lanes.

(iii)

Site plan approval is required by the director of development services before a building permit can be issued for a Christmas tree sales use.

(iv)

Christmas tree sales are limited to 45 days in duration.

(2)

Notwithstanding any statement to the contrary in this Section 14.03.007, the following uses are prohibited within the Blalock Commercial Overlay District: Bulk chemical and petroleum storage terminals and sexually oriented businesses.

(e)

Building design.

(1)

General provisions.

The purpose of this subsection is to maintain a consistent architecture and character of Sherman's Blalock Commercial Overlay District.

(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 buildings in Blalock Commercial Overlay 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)

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.

(ii)

Secondary materials.

Secondary materials (maximum 40%) may be EIFS, stucco, cementitious fiberboard, wood, metal, or other material approved by the director of development services. Wood or vertical metal shall be limited to a maximum 15% of any building facade per material.

(iii)

The following materials are prohibited as primary cladding: Aluminum siding, galvanized steel or other bright metal, wood or plastic siding, exposed aggregate concrete, and reflective glass (greater than 27% reflectance).

(iv)

EIFS.

The use of exterior insulated finishing system (EIFS) is not allowed below eight (8) feet above finished grade.

(B)

Exterior colors.

These guideline recommendations are consistent with other example corridors with the intent of creating complementary building design.

(i)

A minimum of 70 percent of all building elevations shall be finished with complimentary neutral, cream, or deep, rich, nonreflective earth tone colors.

(ii)

No more than 30 percent of any building elevation may be finished with bright, pure tone primary or secondary colors.

(C)

All buildings shall be architecturally finished with the same materials and details on the front and side building faces. The rear face of the building shall be architecturally finished if visible from a public street, unless a screening fence is provided.

(D)

Additional architectural features (minimum 4 features).

All buildings shall have at least four architectural features on the front and side building faces. The rear face of the building shall also have at least four architectural features if visible from a public street, unless a screening fence is provided. The architectural features shall be from the following list:

(i)

Canopies, awnings, or porticos.

(ii)

Recesses/projections.

(iii)

Arcades (recessed porches).

Peaked roof forms.

Arches.

Outdoor patios.

Display windows.

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.

(E)

Other required features include:

(i)

Entryway features.

All ground floor entrances shall be covered or inset and shall not apply to loading areas. Building entrances for the public shall 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, material changes, color changes and/or appropriate fenestration to add architectural variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.

(iii)

Roof treatment.

Long uninterrupted rooflines and planes along the front and side building walls 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.

The following materials are allowed for sloping roofs:

Asphalt shingles.

Industry approved synthetic shingles.

Standing seam metal.

Tile roofs.

The following materials are prohibited as roofing materials: wood roof shingles.

(3)

Fire escapes.

Exterior fire escapes ladders shall not be permitted on the front side of a building. Exposed ladders shall be painted to match the color of the building or an accent color.

(4)

Retaining wall.

Visible portions of retaining walls shall be constructed of brick, stone, concrete, segmental block, 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.

(f)

Screening.

(1)

Refuse areas.

All refuse areas and dumpsters shall be screened on three sides and shall be located on private property. 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 screened from all public view. Screening must match building color and material. Ground-mounted mechanical units may be screened with an evergreen landscape screen. Exposed duct and mechanical equipment shall not be permitted on any side of the building visible from the public right-of-way unless a screening fence is provided. Exposed conduit, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.

(3)

Off-street loading areas.

Any off-street loading areas required under section 14.04.003(d)(5)(A) shall be required to provide a screening fence. This screening fence may be constructed out of masonry, or wood with a masonry base or masonry columns. Such fences may be located on the rear and side property lines that are adjacent to public streets.

(g)

Signs.

(1)

Freestanding signs.

(A)

Only one freestanding sign is permitted per platted lot, with the exception of corner lots. Corner lots are permitted to have two monument signs. The two permitted monument signs shall not be located on the same lot line.

(B)

Pylon or pole signs are not permitted in the Blalock Commercial Overlay District.

(C)

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.

(D)

Signs may have a maximum 65 square foot sign area and shall not exceed ten (10) feet in height. Height is measured from the grade of the fronting street.

(E)

Minimum setback for signs shall be ten (10) feet from the property line. Monument signs shall not obstruct the view of turning traffic. Variances to the sight distance requirements may be approved by the city engineer, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.

(F)

A sign encroachment easement is required before a freestanding sign may be constructed within any easements. Only signs with a slab or approved spread footing foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.

(2)

Wall signs.

(A)

Wall signs shall not exceed twenty (20) percent of the area of any wall elevation.

(B)

The maximum square foot of sign face area for each wall face is determined by the size of the building footprint:

Building Footprint (sq. ft.)	Maximum Sign Face Area (sq. ft.)
Less than 49,999	300
50,000 or greater	800

(3)

Multi-tenant monument signs.

A multi-tenant sign is one that serves as a common or collective identification for five (5) or more uses within the same development.

(A)

Multi-tenant signs shall on be located along the property lines fronting U.S. Highway 75 and F.M. 1417.

(B)

Multi-tenant signs shall have a separation distance of 1,000 feet from other multi-tenant signs along the same highway frontage.

(C)

Minimum setback from the property line shall be 25 feet.

(D)

Multi-tenant signs shall not exceed 50 feet in height.

(E)

Multi-tenant signs shall not exceed 600 square feet in sign area.

(4)

Development entrance signs.

(A)

Detached ground signs are permitted at the entrance of the development that are bisected by one or more publicly dedicated streets.

(B)

The maximum size shall be 32 square feet per sign with a maximum height of six (6) feet.

(C)

Signs may be located at each corner of the intersection of an entrance street.

(D)

Development entrance signs shall be located on private property and shall not obstruct the view of turning traffic.

(E)

Approval of a sign encroachment easement is required before a development entrance sign may be constructed within any easements. Only signs with a slab foundation will be permitted within a utility easement. Signs requiring piers will not be permitted within a utility easement.

(5)

Billboards.

Billboards shall not be permitted within the Blalock Commercial Overlay District.

(h)

Parking areas.

Refer to section 14.04.003 for parking regulations. Cross access driveways are required adjacent to commercial zoned tracts.

(i)

Landscaping.

(1)

Landscaping requirements for site development shall follow the regulations in section 14.04.006 with the exception of the following conditions:

(A)

Retail stores exceeding 50,000 square feet in floor area may substitute the required shade trees to be planted in landscape islands with ornamental landscaping within 100 feet of any store front entry.

(j)

Procedures and notice.

(1)

(2)

(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 6713 adopted 4/15/2024)

§ 14.03.008 (Reserved)

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.

§ 14.03.009 Central business district overlay.

(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)

(ii)

The following primary material list shall apply:

Masonry consisting of stone, cultured or cast stone.

Brick or brick veneer.

Tile.

Stucco.

Architecturally finished block.

Architectural glass (less than 27% reflectance).

(iii)

(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).

Peaked roof forms.

Arches.

Outdoor patios.

Display windows.

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.

(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.

The following materials are allowed for sloping roofs:

Asphalt shingles.

Industry approved synthetic shingles.

Standing seam metal.

Tile roofs.

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.

(d)

Central business district building placement.

(1)

Downtown subdistrict.

(A)

Minimum lot area: 2,000 sq. ft.

(B)

Minimum lot width: 20'.

Minimum setback:

Front setback: 0'.

Rear setback: 0'.

Side setback: 0'.

No building or structure shall be placed within the following triangular areas at the intersections of streets and alleys due to sight distance requirements:

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'.

Minimum setback:

Front setback: 0'.

Rear setback: 0'.

Side setback: 0'.

No building or structure shall be placed within the following triangular areas at the intersections of streets and alleys due to sight distance requirements:

(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.

(2)

Site definition.

(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)

(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)

(2)

(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)

§ 14.03.010 Heritage row historical district.

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)