Zoning Districts established.

The City of Irving is hereby divided into thirty-five (35) base districts and three (3) overlay districts. The use, height and area regulations are uniform in each district. These districts shall be known as:

R-40	Single-family Residential
R-15	Single-family Residential
R-10	Single-family Residential
R-7.5	Single-family Residential
R-6	Single-family Residential
R-ZLa	Zero lot line Residential
R-3.5	Two-family Residential
R-SFA	Single-family Attached Residential
R-2.5	Four-family Residential
R-TH	Townhouse Residential
R-MF-1	Multi-family Residential
R-MF-2	Multi-family Residential
R-MF-O	Multi-family Residential Overlay
R-MH	Manufactured home Residential
R-XF	Extra family Residential
P-O	Professional office
C-O	Commercial office
C-N	Neighborhood commercial
C-C	Community commercial
C-OU-1	Commercial outdoor
C-OU-2	Commercial outdoor
C-OU-3	Commercial outdoor
C-W	Commercial warehouse
FWY	Freeway
ML-20	Light industrial
ML-20a	Light industrial
ML-40	Light industrial
ML-120	Light industrial
C-P	Commercial Park
PUD	Planned Unit Development
TOD	Transit-Oriented Development
HCD	Heritage Crossing District
AG	Agricultural district
S-P-1	Site plan-1 (detailed) district
S-P-2	Site plan-2 (generalized) district
	Urban Business Overlay
	State Highway 161 Overlay
	State Highway 183 Overlay
	Conditional Use Permit (CUP) Overlay

Repealed Zoning Districts.

The repeal of any zoning district under this ordinance shall have prospective application only. On the date of repeal, any particular tract of land which was currently zoned to the district which is repealed, shall continue to be subject to the regulations of the district as if such regulations had not been repealed until such land is rezoned to another zoning district.

After repeal of a zoning district, no applications for a zoning change to that district shall be accepted.

All land in the City of Irving which has previously been zoned into a district which was subsequently repealed, and which land has not been rezoned out of the repealed district, shall be considered zoned under the regulations of the repealed district and it shall be unlawful for the owner or proprietor of such land to violate the regulations of the zoning district applicable to such land.

This section shall not be effective within the current or future boundaries of Dallas/Fort Worth International Airport.

(Ordinance 2023-10829, § 1, adopted 12/7/2023)

2.2 Zoning Map.

2.2.1

General provisions.

The boundaries of the districts herein established and as hereafter defined and shall be established by the city council of the City of Irving, shall be indicated upon the zoning maps of the City of Irving, Texas, described in section 2.2.2 hereof, which shall be on file in the office of the city secretary of the City of Irving.

2.2.2

Zoning Map and zoning district designations and changes.

Each zoning district hereafter designated, created or changed, each zoning change, and each change in the use designation or classification of any property by the city council of the City of Irving shall be shown and designated on the official zoning maps of the City of Irving, Texas, and shall on their face bear the title "Official Zoning Map, City of Irving, Texas."

The maps delineating the boundaries of the various zoning districts together with all matters and things shown on such maps are adopted and approved, incorporated herein and made a part thereof and collectively shall constitute the official zoning maps of the City of Irving. These maps are on file electronically and such zoning maps and all notations, references and other information shown on such zoning maps are as much a part of this ordinance as if the matters and information set forth by such maps were all fully described herein. The original of such official zoning maps of the city shall be kept on file and of record in the office of the city secretary of the City of Irving, showing all zoning designations and changes made by the city council of the city.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning maps of the City of Irving attached hereto and made a part of this ordinance or as the same shall hereafter be amended by the city council, the following rules shall apply:

The district boundaries or streets, alleys, and property lines unless otherwise shown, and where the districts designated on the zoning map of the City of Irving are bounded approximately by streets, alleys, or property lines, the streets, alleys, or property lines shall be construed to be the boundary of the district.

Where the district boundaries are otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be property lines, and where the district designation on the zoning map of the City of Irving are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the zoning maps of the City of Irving.

In unsubdivided property, the district boundary lines shall be determined by use of the scale appearing on the zoning map of the City of Irving.

Where the description of the property is contained in an ordinance, the metes and bounds description of the property in the ordinance shall control over the zoning map.

2.2.5

Annexed territory.

All territory annexed to the City of Irving after the date of passage of this ordinance shall be automatically classified for R-40 single-family district purposes until permanently zoned by the governing body of the City of Irving. The city planning and zoning commission shall, as soon as practicable, after annexation of any territory to the City of Irving, institute proceedings on its own motion to give the newly annexed territory a permanent zoning and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

In an area classified for R-40 single-family district purposes, no permit for construction of a building other than a single-family dwelling or accessory building permitted in an R-40 single-family district, shall be issued by the building inspector until such permit has been specifically authorized by the city council. Permits for the construction of buildings for uses not permitted in an R-40 single-family district in newly annexed territory prior to permanent zoning may be authorized by the city council under the following conditions:

An application for any use not permitted in an R-40 single-family district shall be made to the building inspector showing the use contemplated together with a plat showing the size of lot or tract of land being used and the location of, and the size of and type of buildings to be constructed. The application shall be referred by the building inspector to the city planning and zoning commission for consideration and its recommendations to the city council, after giving due consideration to the type of permanent zoning to be applied to the area in which the property is located. The recommendation of the planning and zoning commission filed with the city council shall be advisory only, and the city council may grant or deny the application as the facts may justify.

2.2.6

Zoning designation of vacated streets and alleys.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district.

2.3 Overlay Districts.

2.3.2

Urban business overlay.

Description:

The urban business overlay zoning district is an overlay district that permits high density multi-family and related uses in addition to those uses allowed in the base zoning district.

Purpose:

The purpose of this overlay district is to permit high density multi-family developments with accessory commercial and retail uses in area designed for higher urban intensities.

Boundary:

The overlay district boundaries are:

Beginning at the intersection of the centerline of the Burlington Northern Railroad and the easterly city limits of the City of Irving;

Thence, South and West along the centerline of the Burlington Northern Railroad to the centerline of State Highway 114;

Thence, North and West along the centerline of State Highway 114 to the intersection with the southern bank of Cottonwood Branch;

Thence, North and East along the southern bank of Cottonwood Branch to the southern bank of Hackberry Creek;

Thence, Easterly along the southern bank of Hackberry Creek to the intersection with the East city limit;

Thence, Southerly along the eastern city limit to the Point of Beginning.

Permitted uses:

Multi-family uses and related accessory uses, including but not limited to minor retail sales, offices, motion picture theaters and those uses listed in section 2.5.5(b)(5), the C-O Commercial Office District, provided the total combined square footage for these related accessory uses does not exceed twenty (20) percent of the total floor area of the building.

Parking requirements:

Parking requirements are as follows:

Type	Number of Spaces
Efficiency	1 space/unit
1 bedroom	1 space/unit
2 bedroom	2 spaces/unit
More than 2 bedrooms	2 spaces/unit plus .5 spaces for each additional bedroom

The following accessory uses to a multi-family development shall be required to provide parking in accordance with the following ratios:

Type	Number of Spaces
Restaurants and private clubs	1 space/150 square feet of gross floor area
Retail stores, shops and services	1 space/250 square feet of floor area
Business service, business and professional office	1 space/333 square feet of floor area

Parking along private streets and drives shall be considered in the calculation of the parking required. All other accessory uses listed in section 2.5.5(b)(5) shall provide the number of parking spaces required by this ordinance.

Parking stalls shall provide a minimum width of eight (8) feet six (6) inches.

Landscape provisions for structural parking areas serving multi-family uses do not apply in this overlay district.

Driveways allowing two-way directional traffic flow shall be a minimum of twenty (20) feet.

Reserved.

Maximum height:

One hundred twenty (120) feet.

Building size, setbacks and separation:

Type	Requirement
Public street setback	Minimum 25 feet, regardless of stories
Side or rear setback	None required
Setback from adjacent lot	None required
Building length	No maximum
Minimum separation between buildings	No minimum required

Coverage:

Maximum ninety (90) percent of the site.

Pedestrian access:

A pedestrian access plan shall be required to be submitted with the multi-family concept plan. The plan shall show connections to public sidewalks, nonresidential areas, recreation facilities (public or private), and community facilities. Tracts adjacent to water features shall provide or accommodate public access.

Landscape requirements:

Sidewalks shall be a minimum of five (5) feet in width.

The minimum eight-foot wide perimeter landscape area contiguous to all interior property lines and access drive shall not be required.

Landscape area adjacent to principal buildings shall not be required.

Landscape island breaks between every ten (10) spaces in all parking garage motor courts and piazzas shall not be required.

Open space requirements:

Minimum open space shall be ten (10) percent of the site. "Usable open space" required in section 3.13.2(d)(7) shall be provided; however, pedestrian courtyards within the public street setback may be counted toward the "usable open space" requirements. The owner may elect to reduce the usable open space requirements by providing the following amenities:

Pedestrian courtyard with a fountain, sculpture, and/or decorative benches—two (2) percent reduction;

Enhanced pedestrian walkways, and vehicular pavement—one (1) percent reduction;

Decorative lighting adjacent to the pedestrian walkways and vehicular pavement—one (1) percent reduction.

A usable open space strip with a minimum depth of twenty (20) feet shall be provided adjacent to all water features. Private use of this area, such as outdoor restaurant seating, shall be allowed provided through pedestrian access with unobstructed views of the water feature is maintained.

Applicability:

All requirements established in the codes and ordinances of the City of Irving, including the development standards in section 3.13 of the Unified Development Code, shall apply to the property, except as contradicted by state or federal law. Provided, however, that all existing multifamily developments within this overlay district on December 15, 1994 shall be considered conforming uses.

Exceptions for properties with site plan zoning.

Properties with Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2), or Transit Oriented District (TOD) zoning shall comply with the requirements of their respective site plans relative to any specific provisions for uses, setbacks, height, parking, landscaping, and/or signage. Unless otherwise specifically delineated on an approved site plan, the standards in section 3.13 of the Unified Development Code shall take precedence over any other less specific standard of the site plan.

Multi-family development regulations:

Prior to issuance of a building permit for multifamily residential or mixed-use residential construction, the requirements of section 3.13 must be met. In the event of any conflict with the requirements of the Urban Business Overlay district and the regulations in section 3.13, the more stringent or restrictive requirement shall control.

Amenities:

Minimum area for on-site recycling not required where alternative methods for recycling are employed.

Dwelling unit size:

Minimum average square footage required for efficiency units shall be four hundred fifty (450) square feet, provided efficiencies account for no more than seven and five-tenths (7.5) percent of the total units on the site.

Patios and balconies:

Patios and balconies shall be a minimum twenty-one (21) square feet in area with a minimum narrow dimension of three (3) feet, provided, however, that areas adjacent to exterior doors and windows not containing seating areas and containing a narrow dimension of less than twelve (12) inches shall not be considered patios or balconies.

2.3.3

State Highway 161 overlay.

General considerations.

Description.

The State Highway 161 overlay district is a zoning district which adds development standards, deletes certain land uses, and adds other uses to the existing base zoning district.

Purpose.

The purpose of this overlay district is to prohibit those land uses that could be detrimental to the future appearance and economic objectives for the corridor. This district is intended to increase the quality of development through design and development standards.

Boundaries.

The State Highway 161 overlay district boundaries are as follows:

Segment I:
All properties between State Highway 183 and the Irving City limit to the south
(1)	That abut the right-of-way of State Highway 161/President George Bush Turnpike;
(2)	That share a common property line with a property that abuts the right-of-way of State Highway 161/President George Bush Turnpike and have access to the right-of-way of State Highway 161/President George Bush Turnpike through a shared parking lot whether or not a formal ingress/egress, access, or parking easement exists;
(3)	That have any portion of the property within 300 feet of the right-of-way of State Highway 161/President George Bush Turnpike; and
(4)	That are completely surrounded by one (1) or more of the above.
Property in Segment I that is within the State Highway 183 overlay district or is owned by a commuter or intercity freight railroad is excluded from the State Highway 161 overlay district.

Segment II:
All properties between State Highway 183 and DFW International Airport to the north
(1)	That are between Valley View Lane on the west and north and the right-of-way of State Highway 161/President George Bush Turnpike to the east and south;
(2)	That are east and south of the State Highway 161/President George Bush Turnpike right-of-way and abut the right-of-way or have any portion of the property within 300 feet of the right-of-way;
(3)	That are east and south of the State Highway 161/President George Bush Turnpike, north of W. Walnut Hill Lane, and west of N. Belt Line Road;
(4)	That are east and south of the State Highway 161/President George Bush Turnpike right-of-way, north of W. Rochelle Road, and west of Esters Road; and
(5)	That are completely surrounded by one (1) or more of the above.
Property in Segment II that is within the State Highway 183 overlay district or is zoned for single-family uses and fronts Alcazar Court, Almanzor Avenue, Almeria Court, Glavica Drive, Napoleon Way, Portland Street or Venice Drive is excluded from the State Highway 161 overlay district. Property in Segment II that is north of or adjacent to Walnut Hill Lane and is owned by DFW International Airport is excluded from the State Highway 161 overlay district.

Segment III:
All properties between DFW International Airport and the Irving City limit to the east
(1)	That abut the right-of-way of State Highway 161/President George Bush Turnpike;
(2)	That share a common property line with a property that abuts the right-of-way of State Highway 161/President George Bush Turnpike and have access to the right-of-way of State Highway 161/President George Bush Turnpike through a shared parking lot whether or not a formal ingress/egress, access, or parking easement exists;
(3)	That have any portion of the property within 300 feet of the right-of-way of State Highway 161/President George Bush Turnpike; and
(4)	That is south of Valley View Lane and west of State Highway 161/President George Bush Turnpike, excluding property that is a portion of DFW International Airport.
The following properties, as identified on January 19, 2012, shall be included in the State Highway 161 overlay district per the owner's request:
(1)	D.W. Barnett Survey, Abstract No. 216, Page 540, Tract 1.1 (1.94 acres)
(2)	Las Colinas Office Park 1st Installment, Block A, Part of Lot 2B (1.06 acres)
(3)	Las Colinas Office Park 1st Installment, Block A, part of Lot 2C (0.84 acres)
(4)	Las Colinas Office Park 1st Installment, Block A, part of Lot 2D (0.94 acres)
(5)	Lakeridge Addition, Block A, Lot 2 (3.67 acres)
Property in Segment III that is north of Interstate Highway 635 or west of Camino Lago is excluded from the State Highway 161 overlay district. Property that is south of State Highway 161 and is west of Riverside Drive and east of Las Colinas Boulevard is excluded from the State Highway 161 overlay district.
Property in Segment III that is bounded by Parkridge Boulevard, Kinwest Parkway, MacArthur Boulevard, State Highway 161, and the approximately 2.34-acre tract known on March 22, 2012 as Abstract 196, Page 430, Tract 2.36 is excluded from the State Highway 161 overlay district.
All land and structures within the State Highway 161 overlay district shall be used in accordance with the standards of the overlay district, except as noted in this section 2.3.3(a)(5), Governing Provisions.

Vision and general design principles.

Irving will be the model for safe and beautiful neighborhoods, a vibrant economy, and exceptional recreational, cultural, and educational opportunities. The completion of SH 161/PGBT/SH 190 from Grand Prairie to Garland, and the continued expansion to I-20 and through the eastern portion of Dallas County, creates a unique opportunity to achieve this vision by creating a corridor in Irving that is a source of retail, entertainment, dining, employment, and residential opportunities while remaining a pleasant environment for travelers. Such a corridor is characterized by appropriately sustainable land uses, adequate public improvements, and exceptional building design, site design, and landscaping that all meet or exceed the citywide standards.

Governing provisions.

Property within the boundaries of DFW International Airport is specifically excluded from the provisions of this overlay district. The provisions of this overlay shall apply to all other properties, except those governed by V.T.C.A., Transportation Code § 22.074 until such time as the properties are no longer governed by such section.

Property within the State Highway 183 overlay district, as defined in section 2.3.4, is specifically excluded from the provisions of the State Highway 161 overlay district.

Whenever the provisions of the State Highway 161 overlay district conflict with any other requirement in any other zoning ordinance, the more restrictive standard shall apply.

Definition.

For the purpose of this section of the zoning ordinance, the terms "State Highway 161," "President George Bush Turnpike," "SH 161/PGBT," or similar terms shall all apply to the entire right-of-way of State Highway 161 and President George Bush Turnpike.

Use regulations.

Exceptions for properties with approved site plan zoning, a CUP, or PUD zoning.

Properties with Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2), a Conditional Use Permit (CUP), or with an approved development plan in Planned Unit Development (PUD) districts shall comply with the requirements of their respective site plan zoning or development plan relative to any specific provisions for uses, setbacks, height, parking, landscaping, and/or signage.

Unless specifically delineated or noted on an approved site plan, Conditional Use Permit, or development plan, the standards of the State Highway 161 overlay district shall take precedence over any other less-specific standard of the approved plan.

Land uses with specific approval processes.

Land uses with specific requirements and approval processes established elsewhere in this ordinance including, but not limited to, nondepository financial institutions, restaurants with the accessory use of the sale of alcoholic beverages, wireless telecommunications facilities, environmentally sensitive land uses, and multifamily development remain subject to the specific requirements and approval processes established for such uses elsewhere in this ordinance.

Hotels shall be permitted without the requirement of an S-P-1 (Detailed Site Plan) or S-P-2 (Generalized Site Plan) in segments 2A, 2B, 2C, and 3A, as described in the Table of Permitted Uses in section 2.3.3(b)(3), provided that the hotel meets all other development and design requirements set forth in section 3.10. Hotels including the service of alcoholic beverages for on-premise consumption must still obtain S-P-1 (Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverage) zoning, as described in section 3.3 of this ordinance.

Segments and permitted uses.

Existing development along State Highway 161 includes many types of land uses ranging from low-density single-family to heavy industrial. Future development and redevelopment is expected to include a range of land uses, but not all land uses are appropriate for — or excluded from — all portions of the corridor. Accordingly, this overlay district divides the State Highway 161 corridor into distinct segments, each with its own particular list of permitted and prohibited uses, all of which are subject to the development standards listed in this section.

Uses are permitted in the various segments of the State Highway 161 overlay district in accordance with the following use chart. The uses permitted by this chart take precedence over any uses permitted or not permitted by the base zoning of any particular property, with the exception of properties zoned Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2) or with an approved development plan in Planned Unit Development (PUD) zoning. This chart still applies to uses not explicitly permitted and/or prohibited by the site plan or development plan.

If property has a residential base zoning, it must be at least three (3) acres or larger for the nonresidential uses permitted in this overlay district to be allowed.

Segments.

1A	East side of SH 161 (South city limits — Conflans Road) West side of SH 161 (South city limits — north boundary of Chilton Smith Survey, Abstract No. 1293, Page 830, Tract 6.2)
1B	East side of SH 161 (Conflans Road — Pioneer Drive) West side of SH 161 (Approx. 4,850 ft north of south city limits — SH 183 right-of-way, excluding property in the SH 183 overlay district
2A	West side of SH 161 (SH 183 right-of-way — Walnut Hill Lane, excluding property in the SH 183 Overlay District)
2B	West side of SH 161 (Walnut Hill Lane — DFW International Airport)
2C	East side of SH 161 (SH 183 right-of-way — DFW International Airport, excluding property in the SH 183 Overlay District)
3A	SH 161 (DFW International Airport — IH 635 right-of-way)

Table of permitted uses.

Key:
●	Permitted
○	Permitted if lot is 300 feet or more from State Highway 161 right-of-way
□	Permitted if lot is 200 feet or more from residential property line
❖	Permitted if lot is 300 feet or more from State Highway 161 right-of-way and 200 feet or more from residential property line
✪	Permitted if lot is 200 feet or more north of Carbon Road right-of-way. Not permitted in this section south of Carbon Road.
☒	Prohibited Any use that, in the determination of the director, is not included in any of the land use categories in this table shall be deemed to be prohibited uses and may only be approved through an approved zoning site plan or PUD development plan.

Uses	Segment
Residential	1A	1B	2A	2B	2C	3A
Single-family detached residential (with SF base zoning)	☒	☒	☒	●	☒	○
Senior housing (assisted living, long-term care facility, continuing care facility, independent living facility)	☒	●	☒	●	☒	☒
Medium/high density residential (with MF base zoning)	☒	☒	☒	☒	☒	☒
Educational or Institutional	1A	1B	2A	2B	2C	3A
Government buildings and uses	●	●	●	●	●	●
Public or private elementary or secondary schools	☒	☒	☒	☒	☒	●
Day care or child care center	●	●	□	□	□	□
Museum	☒	☒	●	●	●	●
Religious institution	●	●	●	●	●	●
University, college, trade or vocational school, whether for-profit or non-profit	□	□	●	●	●	●
Medical	1A	1B	2A	2B	2C	3A
Hospital	☒	☒	☒	☒	☒	●
Medical or dental office, emergency care clinic or urgent care clinic	●	●	□	□	□	□
Medical or dental laboratory	●	●	●	●	●	●
Veterinary clinic/hospital	●	●	●	●	●	●
Office and Financial	1A	1B	2A	2B	2C	3A
Depository financial institution with or without drive-through	●	●	●	●	●	●
Nondepository financial institutions (Section 52-35e)	☒	☒	☒	☒	☒	☒
Office - Call center	●	●	●	●	●	●
Office and business services, general	●	●	●	●	●	●
Retail and Dining	1A	1B	2A	2B	2C	3A
Automobile washing facilities, manual or automatic	●	●	●	□	□	□
Building material sales (indoor)	●	●	●	●	●	●
Gasoline service station (excl. auto maintenance/repair)	●	●	●	□	□	□
Indoor retail or convenience store (w/o gasoline sales)	●	●	●	●	●	●
Restaurant: no drive-in or drive-through	●	●	●	●	●	●
Restaurant: with drive-in or drive-through	●	●	●	□	□	□
Heavy Commercial and Services	1A	1B	2A	2B	2C	3A
Auto parts and accessories, sales and installations	□	□	●	❖	●	●
Auto maintenance or auto repair garage	□	□	●	❖	☒	☒
Car wash	●	●	○	❖	☒	☒
Dry cleaning and laundry service	●	●	●	●	●	●
General personal services	●	●	●	●	●	●
New automobile and light truck sales, rental and service; used automobile and light truck sales as an accessory use. Subject to same requirements as Sec. 52-64d(i)(4)a(v) and 52-64d(i)(4)a(vii) through 52-64d(i)(4)a(xv)	□	□	☒	☒	□	☒
Warehouse and Industrial	1A	1B	2A	2B	2C	3A
General industrial/manufacturing	●	□	○	✪	☒	☒
Mini-warehouse (in accordance with III(j)).	●	●	○	❖	○	☒
Research and development laboratory	●	□	○	✪	☒	☒
Warehouse	●	□	○	✪	☒	☒
Wholesale distribution	●	□	○	✪	☒	☒
Travel, Leisure, and Entertainment	1A	1B	2A	2B	2C	3A
Bowling alley	☒	●	●	□	□	□
Motion picture theater	☒	●	●	□	□	□
Dance, assembly, or exhibition hall, other than religious institution or as an accessory use to a hotel	❖	❖	❖	❖	❖	❖
Hotels, in accordance with Section 52-35b	☒	☒	●	□	□	□
Mixed-uses	1A	1B	2A	2B	2C	3A
Mixed-use	☒	☒	☒	●	●	●
Transit Oriented Development (within 1/4 mile of rail transit station)	☒	☒	☒	●	●	●

Uses existing or pending on March 22, 2012:

All structures, improvements, and uses which are in compliance with the underlying zoning regulations in effect on March 22, 2012, and which structures, improvements or uses either:

Existed on March 22, 2012; or

Which may exist in accordance with the underlying zoning district on any lot or tract for which an application for platting, replatting, or a building permit for such use was pending on March 22, 2012;

shall be deemed to be conforming uses and shall not be subject to the restrictions on rebuilding damaged structures under Chapter UDC-7, Nonconformities, provided this conforming status will end on each individual tract when and if such use is abandoned or converted to another use and further provided that any lot or tract upon which future structures, improvements and uses which meet the description of this subsection 4 shall, nevertheless, meet the development standards of this Section 2.3.3.

Development standards.

Single-family residential masonry requirements.

The provisions in this section shall apply to newly-constructed homes on property that has a final plat approved by the City of Irving after March 22, 2012.

All exterior walls of principal buildings shall be ninety-five (95) percent masonry.

Masonry coverage calculation does not include architectural accents, chimneys, doors, windows, window box-outs, or bay windows that do not extend to the foundation.

Masonry material shall consist of any combination of materials listed below. For the purpose of this section the following definitions shall apply:

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

Brick material. Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale brick are not allowed.

Stucco and cementitious fiberboard or "Hardi-board" shall be considered as a masonry product for the purposes of this subsection. "Stucco" shall be exterior Portland cement plaster with three (3) coats over metal lath or wire fabric lath.

Exterior Insulation and Finish System (EIFS), vinyl and wood siding shall not be considered as a masonry product for the purposes of this subsection.

Exterior Insulation and Finish System (EIFS), vinyl and wood siding may be used as architectural accent material when placed more than four (4) feet above grade.

Nonresidential uses.

All nonresidential buildings shall comply with the material and architectural detail requirements of the commercial design standards established in Sections 3.5 and 3.6 of this ordinance, except that façades facing State Highway 161 shall provide vertical articulation of eighteen (18) percent of the wall's height as opposed to the standard fifteen (15) percent.

Outside storage. Outside storage of any kind, other than display of automobiles or similar vehicles for sale or lease, temporary storage of shopping carts in cart corrals constructed per section 2.3.4(e)(4)(g), or as allowed by section 3.18.3(i), is not allowed between any principal use building and the right-of-way of any street.

Accessory buildings.

Unless modified by a site plan or development plan, all accessory buildings shall comply with the following requirements:

Any detached accessory building in a residentially-zoned ("R") district shall meet the requirements of section 3.1 of this ordinance, except that any accessory building over two hundred fifty (250) square feet and visible from a street shall be constructed of at least seventy-five (75) percent masonry materials to match or be complementary in color to the principal building. This requirement does not apply to greenhouses or in-ground swimming pools.

Accessory buildings in multifamily districts shall comply with the requirements set forth in the approved multifamily concept plan, or section 3.13 (Multifamily Development Standards).

Accessory buildings in all other districts shall be constructed with an approved masonry material as described in Section 3.4 (Commercial Design Standards) of this ordinance, with the exception of the following:

Dumpster or other screening enclosures.

Any structure equal to or less than one hundred twenty (120) square feet.

Any structure equal to or less than six (6) feet in height, or being equal to or less than one (1) foot below the top of a screening fence that completely screens the accessory building from any adjacent property or any public or private right-of-way.

Carports on commercial or multifamily properties not visible from a street right-of-way need not meet the masonry requirements.

Accessory buildings in nonresidential and multifamily districts are prohibited within the parking lot area, or between a principal use building and the right-of-way of State Highway 161/President George Bush Turnpike.

Landscaping.

Unless modified by this overlay district or by a site plan, development plan, or multifamily concept plan, all landscaping shall comply with section 4.5 (Landscaping and Trees) of this ordinance.

Screening of parking.

All parking areas visible from a public or private right-of-way shall be screened from the right-of-way by a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall.

The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.3(c)(5)(c), below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property.

Approved native grasses include:

Type
*Miscanthus, many varieties
*Indian Feather Grass
*Weeping Love Grass;
*Gulf Muhly
*Any other native grass approved by the director.

Driveways and sidewalks within landscape buffers.

Landscape buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation of fire lanes.

Landscape buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width.

If a sidewalk is placed within the required landscape buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

Parking lot trees.

All parking lots shall be landscaped with a minimum of one (1) tree for every ten (10) parking spaces.

Trees may be evenly spaced or they may be clustered, provided that:

A minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot.

Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet.

Maintenance of adjacent rights-of-way.

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of landscaping, unless otherwise prohibited by the Texas Department of Transportation, the North Texas Tollway Association, or the City of Irving.

If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

This section only applies to commercial and multifamily properties, or vacant properties zoned for commercial or multifamily uses.

Irrigation and maintenance of landscaping.

All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside the public right-of-way.

Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation and the North Texas Tollway Association.

All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shall be replaced immediately. The director may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement. Additional postponement may be granted by the director in drought or other declared water emergency conditions.

10)

Mini-warehouse and self storage facilities.

Loading area.

A continuous loading area, minimum eight (8) feet in width, shall be provided along any building side where there is access to storage units for parking and loading in addition to and outside of any fire lane.

Parking.

A mini-warehouse or self storage facility shall maintain one (1) space per twenty thousand (20,000) square feet of leasable storage space with direct access for individual units to the outside, one (1) space per seven thousand five hundred (7,500) square feet of leasable storage space without direct access for individual units to the outside, one (1) space per two hundred fifty (250) square feet for office and retail uses, and two (2) spaces for on-site resident manager, if applicable. However, no fewer than seven (7) spaces shall be provided, with at least five (5) spaces located outside any gated or controlled access area.

Screening.

Projects shall be designed with solid exterior masonry walls with no openings, so that access doors to the storage units are not visible from any public right-of-way or from any adjacent property.

Buildings on the perimeter of the site shall be connected by masonry walls a minimum of eight (8) feet in height, designed to match the building exterior, except at the entrance area where wrought iron fencing may be used. Maximum height shall be ten (10) feet, except where the rear of a building is being utilized as the required screening.

The rear of the building(s) may be utilized as the required screening wall if a landscape buffer with one (1) tree every twenty-five (25) linear feet is provided between the building and the property line.

Barbed wire, razor wire, electric fences, and all other types of security fencing shall be prohibited from being placed on a screening wall, between a screening wall and a property line, or inside a screening wall when visible from the exterior of the property.

Exterior construction.

The building exterior shall be one hundred (100) percent masonry as defined in section 3.4.2(a)(3) (Building materials Design Standards) and shall utilize a minimum of two (2) distinct building materials from the approved masonry list. Building sides visible to any property line or to any street right-of-way shall include secondary masonry materials that comprise at least ten (10) percent of the building façade, and shall meet the building articulation requirements in section 2.3.3(c)(2).

Setbacks.

A minimum ten-foot building setback shall be required adjacent to any residentially-zoned property. All other district setback lines shall apply.

Height.

Maximum height of buildings within thirty (30) feet of a residential structure shall be eleven (11) feet, measured from the foundation to the peak of the roof. Maximum height in all other areas shall be twenty-five (25) feet.

Signage.

All signage shall be prohibited from being placed on exterior screening walls or on the rear of a building utilized as a screening wall. Additionally, signage shall be prohibited on all roofs.

Mechanical equipment.

No roof-mounted equipment shall be permitted.

Color and glare.

Roofs, doors, and walls shall be painted with a non-reflective, muted shade of earth-tone colors, such as red, blue, brown, green, or white. Bright colors and neon colors are prohibited.

Use of facilities.

Mini-warehouse and self-storage units shall be used exclusively for storage purposes and not for any other use, processing, services, or activities. Outside storage is prohibited in conjunction with this use. Overnight outdoor storage or parking of trucks, recreational vehicles, boats, watercraft, trailers, and automobiles is prohibited.

Retail and leasing operations.

Retail space may be provided as an accessory use to the mini-warehouse use. Retail shall be limited to items directly related to the shipping, packaging, storage and transport of items to and from the mini-warehouse facility, and for the leasing of individual storage units. The rental and leasing of any vehicle is prohibited, including trucks, cars, vans, trailers, flatbeds, or any other motorized vehicle or wheeled attachment to a motorized vehicle.

On-site residence.

One (1) residential unit is permitted for an on-site manager and may contain no more than seven hundred fifty (750) square feet of living space.

Parking and loading requirements.

Required parking.

Parking for the uses allowed by this overlay shall be provided in accordance with section 4.4.3 Off Street parking requirements with the following exceptions:

Assisted living facility or long-term care facility: One (1) space per two (2) dwelling units. No maximum number of parking spaces.

Call centers: Parking for call centers: One (1) space per seventy-five (75) square feet of space in the call center areas, and one (1) space per three hundred (300) square feet for all other office uses.

Continuing care facility: Parking requirements shall be based upon the proportionate individual parking requirements of the independent living facility, assisted living facility, and/or long-term care facility within the continuing care facility. No maximum number of parking spaces.

Dance, assembly halls, exhibition halls and motion picture theater: One (1) space per one hundred (100) square feet.

Day care or child care center: One (1) space per three hundred (300) square feet. No maximum number of parking spaces.

Depository financial institution: One (1) space per three hundred (300) square feet. Additionally, each drive-through lane shall have at least two (2) stacking spaces for each lane, measured from the point of service, and at least one (1) additional stacking space for each lane. Two (2) lanes may combine their additional stacking space into a single feeder lane, provided that the same total number of stacking spaces is included. Each stacking space shall be twenty (20) feet long, may not be in a fire lane, and may not block any parking or loading space.

Hospital, emergency care clinic, or urgent care clinic: One (1) space per two hundred (200) square feet. No maximum number of parking spaces.

Independent living facility: One (1) space per dwelling unit. No maximum number of parking spaces.

Industrial/manufacturing: One (1) space per six hundred (600) square feet.

Medical or dental office: One (1) space per two hundred fifty (250) square feet.

Mini-warehouse and self-storage: See section 2.3.3(c)(10).

Offices and business services, excluding call centers and medical offices: One (1) space per three hundred (300) square feet.

Religious institution: One (1) space per one hundred seventy-five (175) square feet of primary assembly space.

Restaurants with alcoholic beverage service: One (1) space per two and one-half (2.5) seats.

Restaurant with drive-through: One (1) space per one hundred twenty-five (125) square feet. Additionally, each drive-through lane shall have at least three (3) stacking spaces for each lane, measured from the initial point of service, and at least two (2) additional stacking spaces for each lane. Two (2) lanes may combine their additional stacking space into a single feeder lane, provided that the same total number of stacking spaces is included. Each stacking space shall be twenty (20) feet long, may not be in a fire lane, and may not block any parking or loading space.

Restaurants without drive-through: One (1) space per one hundred twenty-five (125) square feet.

Retail uses, general: One (1) space per two hundred fifty (250) square feet.

Warehouse/Distribution: One (1) space per two thousand (2,000) square feet for the first one hundred thousand (100,000) square feet; one (1) space per five thousand (5,000) square feet above one hundred thousand (100,000) square feet.

Maximum parking.

Unless otherwise specified, surplus parking may be provided but may not exceed the minimum number required by this section by more than twenty (20) percent. The following are excluded from calculation of the maximum parking requirement, but shall be counted toward the minimum requirements:

Accessible parking;

Bus, vanpool, and carpool parking;

Dedicated motorcycle or motor scooter parking;

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

The proposed development has unique or unusual characteristics such as high sales volume per floor area, low parking turnover, or overlapping shift work which creates a parking demand that exceeds the maximum ratio, and which typically do not apply to comparable uses;

The parking demand cannot be accommodated by shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio;

The requirement is the minimum necessary variation from the standards; and

If located in a mixed-use district, the uses in the proposed development and the site design are highly supportive of the mixed-use concept and support high levels of existing or planned pedestrian activity.

Parking lot design requirements.

Retail, restaurant, office, and entertainment uses shall provide designated bicycle parking areas within fifty (50) feet of the building entrance with a minimum of one (1) bicycle parking space for each fifty (50) vehicle parking spaces, up to a maximum of ten (10) bicycle parking spaces.

Retail, restaurant, office, and entertainment uses shall provide dedicated parking spaces for motorcycle and motor scooter parking at a minimum ratio of one (1) space per fifty (50) automobile parking spaces. Such spaces shall be striped and be a minimum of four and one-half (4.5) feet wide and twelve (12) feet deep, and be perpendicular to the access drive.

If the required minimum parking on a lot, or the required minimum parking on a combination of lots functioning as a single development, exceeds five hundred (500) spaces, a minimum of twenty-five (25) percent of the spaces must be in a parking structure, underground parking, or parking within, above, or below the building it serves.

Parking location. No more than twenty-five (25) percent of the required parking for a use may be located between the façade of a building and the State Highway 161/PGBT, State Highway 114, and Interstate Highway 635 right-of-way. The additional seventy-five (75) percent may be located beside or behind the façade facing the State Highway 161/PGBT, State Highway 114, and Interstate Highway 635 right-of-way.

Internal walkways.

All parking lots that contain more than one hundred (100) automobile parking spaces shall include internal pedestrian walkways a minimum of five (5) feet wide from the public sidewalk to the main entrance of the principal use of the property, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps. Pedestrian walkways shall be provided for every three (3) driving aisles or at a distance of not more than one hundred eighty (180) foot intervals, whichever is less.

Pedestrian walkways shall also be provided to connect points of origin such as outlying parking spaces and bus stops with destinations such as building entrances. All such walkways shall be constructed of conventional sidewalk materials, enhanced pavers, stamped concrete or asphalt, bricks or scored concrete, shall be clearly marked, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps.

Walkways crossing driveways. Where internal pedestrian walkways cross driveways, such walkways shall be distinguished from driving surfaces through the use of design features such as contrasting colors, enhanced pavers, stamped concrete or asphalt, bricks, scored concrete, and alternate colors. Painted or adhesive markings shall not be permitted. Crossings shall comply with all applicable requirements of the Texas Accessibility Standards.

Shopping carts. Cart corrals shall be provided by all establishments using shopping carts. Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be placed in designed locations within the parking lot or adjacent to the building, and surrounded by landscaping with trees. When an establishment is closed, shopping carts are to be stored either within the building or screened with a wall that is integral to the architectural design of the building.

Paving standards.

Parking lots, vehicle display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be paved with a minimum of five (5) inches of three thousand (3,000) psi concrete with #3 rebar on eighteen-inch centers both ways.

Parking lots, driveways and internal circulation shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed.

All parking areas shall be clearly striped.

Building services.

The location of above ground utility facilities should be identified early in the design process. Utility facilities shall be located where they do not conflict with featured views, outdoor dining areas, and/or site circulation. Facilities should be accessible for maintenance and service requirements.

Loading areas, docks, truck parking, overhead doors, outdoor storage, utility meters, HVAC equipment, trash collection, and other building service functions and areas shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and streets. These functions and areas shall not be on any façade facing State Highway 161/PGBT, State Highway 114, Interstate Highway 635, or any other public street frontage.

Solid waste collection areas and ground mounted mechanical equipment shall be screened from view from State Highway 161/PGBT, State Highway 114, Interstate Highway 635, any other street, and any adjacent residentially-zoned property.

Roof mounted mechanical equipment, including solar panels, shall be screened from view in accordance with applicable construction codes as adopted by the City of Irving.

Screening and fencing requirements.

Solid waste collection and loading areas. Screening materials shall be the same as, or of equal quality to, the materials used for the principal building. Dumpsters shall be located in accordance with Chapter 33 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas.

All other screening and fencing. All other screening and fencing requirements shall comply with Chapter 15 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Lighting regulations.

Concealment and shielding.

Light sources shall be concealed or shielded with luminaries containing skirts, shielding or cut-offs with a cutoff angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion of adjacent property. The angle shall be measured using a line drawn from the direction of light rays at the light source or reflector, and a line perpendicular to the ground from the light source above from which no light is emitted.

Style.

The style of light standards and fixtures shall be consistent with the overall theme and design of the State Highway 161 overlay district. Architectural styles consistent with on-site buildings may be approved by the director. "Cobra head" fixtures, galvanized metal poles, and arm lengths greater than four (4) feet are prohibited.

Glare prohibited.

Lighting shall not cast glare onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles.

Maximum spillover.

In no case shall exterior lighting add more than one (1) footcandle to illumination levels at any point off-site.

Highlighting.

Lights may be used to highlight trees and similar features within public and private plazas, courtyards, walkways, and other similar outdoor areas at night to create excitement and a festive ambiance.

Uplighting.

Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

Architectural lighting.

Architectural lighting may be used to articulate the particular building design or to create effects of shadow, relief, and outline that add visual interest and highlight aspects of the building. Lighting of cornices, uplighting, and other effects may be used. For upward-directed architectural, landscape, or decorative lighting, direct light emissions shall not be visible above the roof line.

Building-mounted fixtures.

Building-mounted fixtures shall be attached to walls, and the top fixture shall not be lower than ten (10) feet or higher than eighteen (18) feet above finished grade, except entry/exit lighting positioned above the entry/exit.

After-hours reduction.

All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off after normal business hours.

10)

Flickering and flashing lights.

No flickering or flashing lights shall be permitted except for temporary decorative seasonal lighting.

11)

Color.

White light meeting a minimum color standard of 2800 Kelvin shall be used at all times for parking and loading areas. The use of low-sodium vapor or high-pressure sodium vapor lighting is prohibited.

Underground utilities required.

All new construction to be built in the State Highway 161 overlay district shall have underground utilities from the building to the property line. To the extent possible, all new utilities extended from off-site to serve the development must also be underground or within an easement along the rear of the property to reduce the amount of overhead utilities along State Highway 161/PGBT, State Highway 114, and Interstate Highway 635.

Sign regulations.

All signs shall comply with Chapter UDC-7 of the Irving Land Development Code.

Applicability.

New construction.

The standards established by this section 2.3.3 shall apply to all newly constructed structures and all new development within the boundaries of the State Highway 161 overlay district.

Expansion or repair of existing single-family structures.

Single-family residential structures existing on March 22, 2012 may be repaired, remodeled, rehabilitated, or otherwise improved under the zoning provisions to which the structure was originally subject.

Accessory structures associated with an existing single-family lot existing on March 22, 2012 being repaired, remodeled, rehabilitated, improved, or expanded shall bring the entire accessory structure into conformance with the provisions of section 2.3.3(c)(3)(a) herein if the value of the repairs, remodeling, rehabilitation, improvements, or expansion constitute at least fifty (50) percent additional floor area or at least fifty (50) percent of the current value of the structure as established by the most current certified value established by the Dallas Central Appraisal District. For the purpose of determining whether improvements to existing structures shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

Multi-family structures.

Any multi-family residential structure existing on March 22, 2012 shall be deemed to be a legal, conforming land use provided that it is in conformance with the zoning ordinance requirements in place at the time the initial building permit was issued.

Such structures may be repaired, remodeled, rehabilitated, or otherwise improved under the zoning provisions to which the structure was originally subject, provided that if any repair, remodel, rehabilitation, or improvements exceed fifty (50) percent of the square footage of a building's exterior, exclusive of doors and windows, the following materials shall be prohibited:

Wood

Vinyl

EIFS or similar product

The aforementioned materials may be used as trim or for architectural detail, provided that they collectively comprise no more than five (5) percent of the siding on any given building elevation (exclusive of doors and windows), and that EIFS is not used below four (4) feet above grade.

Expansion or repair of existing nonresidential structures.

If an existing nonresidential structure is expanded by thirty (30) percent or more of its first floor area, or if one (1) or more additional floors are added, or if it is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least thirty (30) percent of the current value of the structure as established by the most current certified value established by the Dallas Central Appraisal District, the entire structure and the entire property on which it stands shall be brought into compliance with the standards established in this section 2.3.3.

For the purpose of determining whether repairs, remodeling, rehabilitation, or improvements to existing structures and properties shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

Any improvements to the landscaping that brings the property closer to compliance with the provisions of this section shall not be included in the value calculation described in section 2.3.3(i)(4)(b).

Definitions.

For the purposes of this section 2.3.3, all definitions shall be per Chapter UDC-9 of this ordinance unless otherwise stated, with the following exceptions which shall be defined as follows:

Assisted living facility:

A building or buildings, other than a single-family dwelling, designed and staffed to provide housing for residents who require some type of support for daily living, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services, such as meals, housekeeping, transportation, and community facilities, such as central dining rooms and activity rooms.

Call centers:

Any use in which sales, customer service, or customer support is provided by or conducted by employees or contracted workers primarily by remote communication, including internet, telephone, or other electronic communication methods.

Continuing care facility:

A development providing housing/accommodations and services along the continuum of an elderly person's needs, including independent living, assisted living, and/or long-term care facilities.

Depository financial institution:

An establishment licensed or chartered by the state or the United States as a bank, savings and loan, or credit union for the custody, loan, exchange, or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Emergency care clinic or urgent care clinic:

An institution providing primary health services and medical care to persons, primarily as outpatients on a "walk-in" basis without prior appointments. Such persons may be suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions.

Gasoline service station:

Establishments where gasoline or diesel fuel, electric vehicle charging stations, oil, grease, or motor vehicle accessories are sold, supplied, or dispensed to the retail motor vehicle trade. Within the overlay district, "gasoline service station" does not include the principal uses of automobile washing facilities, minor automobile maintenance and repair, or convenience store uses unless such uses are allowed as a principal use in the corridor segment indicated in the use chart for this overlay district.

General industrial services:

Establishments such as manufacturing (as defined herein), construction materials storage, contractor yards or services, welding shops, machine shops, electric motor repair, and truck and heavy equipment servicing and repair. Outside storage shall conform to the requirements of the underlying base zoning district, except where otherwise noted in this section 2.3.3.

General personal services:

Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receive goods from or return goods to the customer that have been treated or processed at that location or another location such as, but not limited to, day care centers, dry cleaning and laundry services, pharmacy, shoe repair, beauty or barber shops, licensed massage therapy, tanning salons, mortuary or funeral home, tattoo parlor or piercing studio, and nail salon.

Hospital:

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the State of Texas.

10)

Independent living facility:

A development providing dwelling units specifically designed for the needs of elderly persons. In addition to housing, this type of facility may provide convenience services, such as meals, housekeeping and transportation, and community facilities, such as central dining rooms and activity rooms.

11)

Long-term care facility:

A development providing in-patient health care, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease.

12)

Medical or dental office:

A group of offices for one (1) or more physicians, surgeons, or dentists to treat sick or injured out-patients who do not remain overnight, and who generally do not treat patient emergencies or "walk-in" patients.

13)

Mini-warehouse or self-storage facility:

A building or group of buildings containing one (1) or more compartmentalized storage units for rent or lease, the use of which is restricted solely to the inside storage of customer's goods or wares. The conduct of sales, business or any other activity within the individual storage units other than storage shall be prohibited. The mini-warehouse or self-storage facility shall conform to the provisions in section 2.3.3(c)(10).

14)

Manufacturing:

The mechanical or chemical transformation of materials or substances into new products, or the assembly of component parts of manufactured products, or the blending of materials such as lubricating oils, plastic resins, or beverages. This definition excludes the following: environmentally sensitive land uses (as defined in section 3.6); any use that violates the performance standards in section 4.9; rendering plants, slaughterhouses, or the manufacturing of beef, fish, poultry, or other animals for food or feed products; tanneries; saw and planing mills; primary production or storage of wood, metal or chemical products from raw materials; batching yard; foundry-type operations; material recycling or salvaging; auto salvage; towing and/or wreckage operations; or any other manufacturing or assembly use determined by the director to pose a risk to the public's health, safety or welfare. Outside storage shall conform to the requirements of the underlying base zoning district, except where otherwise noted in this section 2.3.3.

15)

Mixed-use:

Any combination of office, retail and dining, entertainment, and residential uses in a unified development, provided that at least two (2) of the aforementioned uses are included in the initial phase of construction, and that the minimum floor area of a use is not less than twenty (20) percent of any given phase, and not less than ten (10) percent of the unified development. A "unified development" may be on a single lot or on multiple lots deemed by the director as being part of the same overall master development plan.

16)

Indoor retail and convenience store:

Retail stores and uses completely within an enclosed building. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods or beverages. Outside storage shall conform to the requirements of the underlying base zoning district, except where otherwise noted in this section 2.3.3.

17)

Transit-oriented development:

Any development that is constructed in accordance with 2.6.5.

2.3.4

State Highway 183 overlay.

Description.

The State Highway 183 overlay district is a zoning district that regulates land uses and development standards within the State Highway 183 corridor.

Purpose.

The purpose of the State Highway 183 overlay district is to guide new development and redevelopment along the State Highway 183 corridor by designating permitted uses and establishing enhanced standards for the design, appearance, and placement of buildings and other site improvements, landscaping, signs, utilities, lighting, fences, and screening.

Boundaries.

The State Highway 183 overlay district applies to all properties with nonresidential zoning (1) that abut the right-of-way of State Highway 183 from the Irving city limit on the east to the Irving city limit on the west; (2) that share a common property line with a property that abuts the right-of-way of State Highway 183 and have access to the right-of-way of State Highway 183 through a shared parking lot whether or not a formal ingress/egress, access, or parking easement exists, excluding properties that front on Belt Line Road and are north of Grande Bulevar; (3) any portion of which are within three hundred (300) feet of the right-of-way of State Highway 183; (4) that are northeast of State Highway 114 and between the north right-of-way line of Spur 482 and the east side of Loop 12; and (5) that are on the west side of Loop 12 north of State Highway 183 with frontage on Loop 12, State Highway 114, and Tom Braniff Drive as shown on the map included as Exhibit A of this section. Properties within the boundaries of Dallas/Fort Worth International Airport are not included within the State Highway 183 overlay district. All land and structures within the State Highway 183 overlay district shall be used in accordance with the standards of the overlay district.

Vision and general design principles.

Irving will be the model for safe and beautiful neighborhoods, a vibrant economy, and exceptional recreational, cultural, and educational opportunities. The reconstruction of State Highway 183 creates a unique opportunity to achieve that vision by creating a transportation corridor that is not only a pleasant environment for travelers but also serves as a source of retail, entertainment, dining, and employment opportunities for residents and visitors. Such an environment is characterized by enhanced landscaping, public improvements, building and site design, and sustainability.

Design standards are included in this overlay to provide property owners and developers with a clear set of design parameters that will instruct site planning, architecture, landscaping, streetscapes, signage, and other elements to create a consistent character of excellence throughout the State Highway 183 corridor. Whenever the provisions of the State Highway 183 overlay district conflict with any other requirement in any other zoning ordinance, the more restrictive standard shall apply.

The State Highway 183 overlay district encourages the incorporation of equine and southwestern thematic elements into public spaces and public art, landscaping, signage, lighting, fences and walls, and other site improvements. While such elements are not required, developers are strongly encouraged to incorporate such design elements into all new development to maintain a consistent theme throughout the corridor.

Development should be designed to provide as attractive a streetscape along the State Highway 183 frontage as possible. Parking lots and other paved areas should be de-emphasized in favor of landscaping and attractive building façades.

Paved areas should not be the predominant feature of a development. While parking is to be sufficient to meet the minimum demand of the use it serves, excess parking is strongly discouraged.

When parking areas are between the State Highway 183 right-of-way and a building, such parking areas are to be heavily landscaped with a combination of grass, ground cover, berms, trees, shrubs, or other native and drought-tolerant vegetation.

Parking lots with one hundred (100) or more parking spaces should be divided into segments by wide landscaped walkways that provide safe pedestrian connections between parking areas and buildings. These landscaped walkways serve to create visual relief from paved expanses, minimize storm water run-off, and reduce the heat build-up of paved areas.

Site design should promote efficient vehicle circulation patterns with shared driveways, parking areas, and access easements.

Development and redevelopment should be sustainable, and incorporate such features as energy-efficient buildings, multi-modal transit connections, reduced amounts of paving and other impervious cover, storm water detention/retention, landscaping that includes low-water-demand native and adapted plants that are both drought and heat tolerant, and permeable paving.

Required standards for new development.

Applicability.

New construction.

The standards established by this subsection 2.3.4(e) shall apply to all newly constructed nonresidential structures and all new nonresidential development within the boundaries of the State Highway 183 overlay district.

Expansion of existing structures.

If an existing nonresidential structure is expanded by thirty (30) percent or more of its first floor area, or if one (1) or more additional floors are added, or if it is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least thirty (30) percent of the current value of the structure as established by the most current value established by the Dallas Central Appraisal District, the entire structure and the entire property on which it stands shall be brought into compliance with the standards established by this subsection 2.3.4(e). For the purpose of determining whether improvements to existing structures and properties shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

Landscaping.

Landscaped buffer.

A thirty-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, and a fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

Landscaping materials.

The landscaping buffers shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs adopted by the city council pursuant to section 4.5 (Landscaping and Trees) of this ordinance, and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 4.5. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director if the hardscape elements are consistent with the overall design of the development, do not conflict with visibility requirements or easements, and do not create any potential safety hazard.

Trees required in landscaped buffers.

Within the thirty-foot-wide landscaping buffer along the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage, one (1) tree shall be planted for each thirty (30) feet of linear frontage of the landscaped buffer. Within the fifteen-foot-wide landscaping buffer along frontages other than State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, one (1) tree shall be planted for each forty (40) feet of linear frontage. Trees should be staggered, clustered, and otherwise arranged in landscaped areas in order to enhance the visibility of the buildings rather than being spaced evenly across the frontage of the property.

Screening of parking.

The thirty-foot and fifteen-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.4(k)(1)(e) below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 2.3.4(i)(4)(a) for specific provisions for automobile sales lots.

Driveways and sidewalks within landscaped buffers.

The landscaped buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The landscaped buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

Parking lot trees.

All parking lots shall be landscaped with a minimum of one (1) tree for every ten (10) parking spaces. Trees may be evenly spaced throughout parking lots with less than one hundred (100) parking spaces. In parking lots with one hundred (100) or more parking spaces, trees should be clustered in landscaped island areas, along major drives, or otherwise distributed within the parking area rather than being evenly spaced. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 2.3.4(i)(4)(a) for specific provisions for automobile sales lots.

Parking garage landscaping.

Parking garages, if provided, shall provide a ten-foot-deep landscape buffer around the entire base of the parking garage. Trees shall be planted thirty (30) feet on-center within the landscape buffer. Parking garages attached to a building shall provide the landscaped buffer only on those exterior sides not adjacent to the attached building.

Maintenance of adjacent rights-of-way.

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of landscaping, unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

Irrigation system required.

All landscaping on the premises and within the adjacent right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable Texas Department of Transportation policies and City of Irving ordinances. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

Maintenance required.

Building materials and design.

All nonresidential buildings shall comply with the material and architectural details requirements of the commercial design standards established in sections 3.4 and 3.5 of this ordinance except that façades facing State Highway 183 shall provide vertical articulation of eighteen (18) percent of the wall's height as opposed to the standard fifteen (15) percent.

Site design.

Minimize paving.

Development shall be designed to minimize the amount of paving and parking between buildings and the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage.

Parking location.

No more than twenty-five (25) percent of the required parking for a use may be located between the façade of a building and the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way. The additional seventy-five (75) percent may be located beside or behind the façade facing the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way.

Internal walkways.

All parking lots that contain more than one hundred (100) parking spaces shall include internal pedestrian walkways a minimum of five (5) feet wide from the public sidewalk to the main entrance of the principal use of the property, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps. Pedestrian walkways shall be provided for every three (3) driving aisles or at a distance of not more than one hundred-eighty-foot intervals, whichever is less.

Pedestrian walkways shall also be provided to connect points of origin such as outlying parking spaces and bus stops with destinations such as building entrances. All such walkways shall be constructed of conventional sidewalk materials, enhanced pavers, stamped concrete or asphalt, bricks, or scored concrete, shall be clearly marked, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps.

Walkways crossing driveways.

Where internal pedestrian walkways cross driveways, such walkways shall be distinguished from driving surfaces through the use of design features such as contrasting colors, enhanced pavers, stamped concrete or asphalt, bricks, scored concrete, and alternate colors. Such crossings shall comply with all applicable requirements of the Texas Accessibility Standards.

Accessory buildings and uses.

Accessory buildings and uses are not permitted within the parking lot area, or between a principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Outside storage.

Outside storage of any kind, other than outside display of automobiles or similar vehicles for sale or lease, temporary storage of shopping carts in cart corrals per subsection (e)(4)g. below, or as allowed by subsection 3.18.3(i) not allowed between any principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Shopping carts.

Cart corrals shall be provided by all establishments using shopping carts. Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be placed in designed locations within the parking lot or adjacent to the building, and surrounded by landscaping with trees. When an establishment is closed, shopping carts are to be stored either within the building or screened with a wall that is integral to the architectural design of the building.

Building services.

Loading areas and docks, truck parking, overhead doors, outdoor storage, utility meters, HVAC equipment, trash collection, and other building service functions and areas shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets. These functions and areas shall not be on any façade facing State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other public street frontage.

Solid waste collection areas and ground mounted mechanical equipment shall be screened from view from State Highway 183 Loop 12, State Highway 114, Spur 482, State Highway 161, any other street, and any adjacent residentially zoned property.

Screening materials for solid waste collection and loading areas shall be the same as, or of equal quality to, the materials used for the principal building. Dumpsters shall be located in accordance with chapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Roof mounted mechanical equipment, including solar panels, shall be screened from view in accordance with chapter 15 of the Irving Land Development Code.

Underground utilities.

All new construction to be built in the State Highway 183 overlay district shall have underground utilities from the building to the property line. To the extent possible, all new utilities extended from off-site to serve the development must also be underground or within an easement along the rear of the property to reduce the amount of overhead utilities along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

Parking requirements.

Required parking.

Parking for the uses allowed by this overlay shall be provided in accordance with section 4.4.3 of this ordinance with the following exceptions:

Retail uses: 1/250 square feet

Office and financial institution uses: 1/300 square feet

Restaurants: 1/100 square feet

Compact parking spaces are prohibited.

Surplus parking spaces may be provided but may not exceed the minimum number required by this section by more than twenty (20) percent. For purposes of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement, but shall count toward the minimum requirements:

Accessible parking;

ii.

Bus, vanpool, and carpool parking;

iii.

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves;

iv.

Dedicated motorcycle or motor scooter parking spaces; and

For purposes of calculating parking requirements, fleet vehicle parking spaces shall not count toward either the minimum or maximum parking requirements.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

ii.

The parking demand cannot be accommodated by shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; and

iii.

The request is the minimum necessary variation from the standards; and

iv.

Retail, restaurant, office, and entertainment uses are encouraged to provide dedicated parking spaces for motorcycle and motor scooter parking at a ratio of one (1) space per one hundred (100) automobile parking spaces.

Paving standards.

Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be paved with a minimum of five (5) inches of three thousand (3,000) pounds per square inch concrete with #3 rebar on eighteen-inch centers both ways. Parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading.

Striping required.

All required parking shall be clearly striped.

Screening/fencing regulations.

All screening fences required by this overlay district or any other provision of the zoning ordinance shall be a minimum of seven (7) feet in height, and constructed of masonry materials in accordance with chapter 15 of the Irving Land Development Code. The director may approve alternate materials that match or are consistent with either the building on the same property or the noise walls constructed in conjunction with State Highway 183.

Sign regulations.

All signs shall comply with chapter 7 of the Irving Land Development Code.

Lighting regulations.

Exterior lighting is not required except for purposes of public safety. However, if installed, all exterior lighting shall meet the following standards:

Concealment and shielding.

Light sources shall be concealed or shielded with luminaries containing shielding, skirts, or cut-offs with a cutoff angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. For purposes of this requirement, the angle shall be measured using a line drawn from the direction of light rays at the light source or reflector, and a line perpendicular to the ground from the light source above from which no light is emitted.

Lighting to be minimized.

Parking lots and other background spaces shall be illuminated as unobtrusively as possible while meeting the functional needs of safe circulation and protection of people and property. Foreground spaces, such as building entrances and outside seating areas, shall utilize local lighting that defines the space without glare. Floodlights shall not be utilized to light any portion of a building façade after normal business hours. For purposes of this section, if the seating area of a restaurant is closed but a drive-through remains open, the business shall be considered to be closed and any floodlights shall be turned off.

Style.

The style of light standards and fixtures shall be consistent with the overall theme and design of the State Highway 183 overlay district. Architectural styles consistent with on-site buildings may be approved by the director. "Cobra head" fixtures, galvanized metal poles, and arm lengths greater than four (4) feet are prohibited.

Glare prohibited.

Lighting shall not cast glare onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles.

Maximum spillover.

In no case shall exterior lighting add more than one (1) footcandle to illumination levels at any point off-site.

Highlighting.

Uplighting.

Architectural lighting.

Architectural lighting may be used to articulate the particular building design or to create effects of shadow, relief, and outline that add visual interest and highlight aspects of the building. Lighting of cornices, up lighting, and other effects may be used. For upward-directed architectural, landscape, or decorative lighting, direct light emissions shall not be visible above the roof line.

Building-mounted fixtures.

Building-mounted light fixtures shall be attached to walls, and the top fixture shall not be lower than ten (10) feet or higher than eighteen (18) feet above finished grade, except entry/exit lighting positioned above the entry/exit.

After-hours reduction.

All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off after normal business hours.

Flickering and flashing lights.

No flickering or flashing lights shall be permitted except for temporary decorative seasonal lighting.

Color.

White light meeting a minimum color standard of 2800 kelvin shall be used at all times. The use of low-sodium vapor or high-pressure sodium vapor lighting is prohibited.

Security lighting.

Any exterior lighting device (luminaire) designed for security lighting shall be protected by weather-and vandal-resistant covering, be a managed light source, and directed down to minimize glare and intrusiveness.

Uniformity of illumination.

Parking lot, driveways, and pedestrian circulation route lighting shall provide a uniform level of light throughout the entire parking area. Fixtures shall be arranged in order to provide uniform illumination throughout the parking lot of a 3:1 uniformity ratio of average illumination to minimum illumination.

Height of fixtures.

Freestanding light fixtures shall not exceed twenty (20) feet in height within fifty (50) feet of any residential zoning district, twenty-five (25) feet in height within fifty (50) to one hundred fifty (150) feet of any residential zoning district, and thirty-five (35) feet in all other locations. For the purposes of this requirement, height shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.

Height of bases.

Concrete light fixture bases shall be no taller than eighteen (18) inches.

Canopy lighting.

Light fixtures mounted under canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded to eliminate glare on the adjacent property or right-of-way.

10)

Access standards.

All development subject to this section shall comply with the City of Irving Access Policy.

Residential adjacency/protection.

All new development and redevelopment under this section that abuts or is adjacent to any residential use (other than residential use within a mixed-use or transit oriented development, or a residential use accessory to a nonresidential use) shall provide for the protection of the adjacent residential uses by complying with the following regulations.

Setback from adjacent residential for buildings up to twenty (20) feet high: 30 feet

Setback from adjacent residential for buildings over twenty (20) feet high: 30 feet plus 3 feet for each additional 1 foot in height with a maximum of 60 feet

Parking setback from adjacent residential: Minimum rear or side setback for parking spaces: 20 feet

Landscaped buffer.

A landscaped buffer with a minimum width of twenty (20) feet shall be provided adjacent to all property lines that abut residentially zoned property. The landscaped buffer shall be planted with trees from the approved tree list at a spacing of a maximum of thirty (30) feet.

Screening fence.

A seven-foot-tall minimum masonry screening fence constructed of masonry materials in accordance with chapter 15 of the Irving Land Development Code or as approved by the director shall be provided along the property line(s) or within twenty (20) feet of the property line(s) abutting residentially zoned property unless the residential property is required to provide a screening fence per the approved zoning of the residential property.

Lighting.

Lighting shall not encroach into the residential property. Light fixtures shall be designed to include a light cut-off feature that blocks glare and prevents light encroachment into the residential property.

Outside speakers.

Outside speakers shall not be located closer than one hundred (100) feet to a residential property line and shall not be utilized between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays. Outside speakers related to restaurant and retail drive-through facilities shall not be located closer than fifty (50) feet to a residential property line, and may not be utilized between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays if less than one hundred (100) feet away from a residential property line.

Loading areas.

Loading areas within one hundred (100) feet of a residential property line may not be used between the hours of 10:00 p.m. and 7:00 a.m.

Trash containers.

Trash containers within one hundred (100) feet of a residential property line may not be serviced between the hours of 10:00 p.m. and 7:00 a.m.

Vacant properties.

Maintenance required.

All vacant properties shall be mowed, kept clear of brush, and otherwise maintained by the owner in addition to any adjacent right-of-way area between the property line and the back of curb.

Exception.

Properties that are adjacent to right-of-way with a minimum depth of fifty (50) feet between the back of curb and the property line shall not be required to maintain the portion of right-of-way that is beyond fifty (50) feet of the property line.

Overgrown properties.

Vacant properties shall not be allowed to become overgrown (vegetative cover exceeding ten (10) inches in height). Nothing within this section shall be construed to require the removal of any existing trees unless the trees pose a safety hazard due to their location or condition.

Trash and litter prohibited.

Vacant properties and any adjacent right-of-way shall remain free of refuse, garbage, trash, litter, and debris.

Definition.

For purposes of this section, "vacant properties" shall be defined as any tract or lot that is not part of any public right-of-way and that does not have a habitable building or structure constructed on it.

Required standards for existing developed properties not undergoing expansion/redevelopment.

Applicability.

The standards established by this subsection (h) shall apply to all existing nonresidential structures and development within the boundaries of the State Highway 183 overlay district not covered in subsection 2.3.4(e).

Landscaping.

Landscaped buffer.

A fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161, and a ten-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

Landscaping materials.

The landscaping buffer shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs adopted by the city council in accordance with section 4.5 (Landscaping and Trees), and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 4.5. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director.

Trees required within landscaped buffer.

Within the fifteen-foot and ten-foot-wide landscaping buffers, one (1) tree shall be planted for each forty (40) feet of linear frontage of the landscaped buffer. Trees should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property in order to enhance the visibility of the buildings.

Screening of parking.

The fifteen-foot and ten-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.4(k)(1)e. below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 2.3.4(i)(4)a. for specific provisions for automobile sales lots.

Driveways and sidewalks within landscaped buffers.

Parking lot trees.

All parking lots shall be landscaped with a minimum of one (1) tree for every thirty (30) parking spaces. Trees may be evenly spaced throughout the parking lot, or clustered in landscaped island areas, along major drives and fire lanes, or otherwise distributed within the parking area. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 2.3.4(i)(4)a. for specific provisions for automobile sales lots.

Maintenance of adjacent rights-of-way.

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of the landscaping unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

Irrigation system required.

All landscaping on the premises and within the right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable ordinances and policies. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

Maintenance required.

Alternate landscaping plan.

The director may approve alternate landscaping plans that meet the spirit and intent of this overlay. Criteria for approving an alternate landscaping plan include, but are not limited to, (1) the landscaping plan provides the required number of trees or total landscaped area, but not in the locations required by this overlay; (2) the landscaping plan maximizes the amount of landscaping while keeping the required number of parking spaces within twenty (20) percent of the minimum number of spaces required by this overlay; (3) compliance with the landscaping requirements would create a parking shortage greater than twenty (20) percent of the minimum requirement; or (4) restrictions exist that are beyond the control of the property owner (such as transit-related easements or cross-access easements existing as of February 3, 2011) that prevent installation of landscaping in the required location. Nothing in this section shall be construed to require the demolition of a building to create the landscape buffer. The director is not required to approve an alternate landscaping plan, but may for any reason chose to disapprove it. Appeals to the director's disapproval shall be processed in the same manner as for a variance to section 4.5 (Landscaping and Trees).

Deadline for installation.

All landscaping required by this subsection shall be installed no later than three (3) years after completion of frontage road construction work along the particular property's frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. Should a new certificate of occupancy be issued prior to completion of frontage road construction work along the property's frontage, the planting of trees and other landscaping along the frontage may be deferred until three (3) years after completion of the frontage road construction, however, the landscaped area shall be planted with grass or ground cover, and maintained and irrigated in accordance with subsections g., h., and i. above. For properties included in the State Highway 183 overlay that do not front directly onto State Highway 183 but are within three hundred (300) feet of the right-of-way of State Highway 183, the landscaping required by this subsection shall be installed no later than three (3) years after completion of the portion of the frontage road nearest the particular property. For properties included in the State Highway 183 overlay that front only Loop 12, State Highway 114, Spur 482, or State Highway 161, landscaping will be required at the time of initial development or redevelopment that constitutes at least fifty-one (51) percent of the current value of the property as established by the latest approved city tax roll prepared by the Dallas Central Appraisal District.

Underground utilities.

All new utilities extended to an existing building must be installed underground from the building to the property line. To the extent possible, all new utilities extended from off-site to serve the development must also be underground or within an easement along the rear of the property to reduce the amount of overhead utilities along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

Parking requirements.

Required parking.

Parking for the uses allowed by this overlay shall be provided in accordance with section 4.4.3 with the following exceptions:

Retail uses: 1/250 square feet

Office and financial institution uses: 1/300 square feet

Restaurants: 1/100 square feet

Compact parking spaces are prohibited.

Accessible parking;

ii.

Bus, vanpool, and carpool parking;

iii.

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves; and

iv.

Dedicated motorcycle or motor scooter parking spaces.

For purposes of calculating parking requirements, fleet vehicle parking spaces shall not count toward either the minimum or maximum parking requirements.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

ii.

The parking demand cannot be accommodated by shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; and

iii.

The request is the minimum necessary variation from the standards; and

iv.

Paving standards.

Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading. If an existing parking lot is upgraded to the degree that fifty-one (51) percent or more of the base of the parking lot is being replaced, then any overhead utilities on the property shall be relocated underground concurrently with the upgraded paving.

Striping required.

All required parking shall be clearly striped.

Permitted uses and area requirements.

Exceptions for properties with site plan zoning.

Properties with Detailed Site Plan (S-P-1) or Generalized Site Plan (S-P-2) zoning shall comply with the requirements of their respective site plan zoning relative to any specific provisions for uses, setbacks, height, parking, landscaping, and/or signage. Unless otherwise specifically delineated on an approved site plan, the standards of the State Highway 183 overlay district shall take precedence over any other less specific standard of the site plan.

Land uses with specific approval processes.

Land uses with specific requirements and approval processes established elsewhere in this ordinance such as, but not limited to, hotels, nondepository financial institutions, restaurants with the accessory use of the sale of alcoholic beverages, wireless telecommunications facilities, environmentally sensitive land uses, and multifamily development remain subject to the specific requirements and approval processes established for such uses elsewhere in this ordinance.

Segments.

Existing development along State Highway 183 includes many types of land uses ranging from low-density single-family to heavy industrial. Future development and redevelopment is expected to include a range of land uses, but in a different pattern. For this reason, this overlay district divides the State Highway 183 corridor into distinct segments, each with its own particular list of permitted uses, all of which are subject to the development standards listed in the previous subsections.

Uses are permitted in the various segments of the State Highway 183 overlay district in accordance with the following use chart. The uses permitted by the use chart take precedence over any uses permitted or not permitted by the base zoning of any particular property with the exception of properties zoned Detailed Site Plan (S-P-1) or Generalized Site Plan (S-P-2) (see subsection (i)(1) above), or with an approved Conditional Use Permit (CUP).

SEGMENTS
A	SH 183 (western city limits - Esters Road)
B	SH 183 (Esters Road - Belt Line Road)
C	North side SH 183 (Belt Line Road - Story Road)
D	South side SH 183 (Belt Line Road - Story Road)
E	North side SH 183 (Story Road - O'Connor Road)
F	South side SH 183 (Story Road - O'Connor Road)
G	North side SH 183 (O'Connor Road - BNSF Railroad)
H	South side SH 183 (O'Connor Road - BNSF Railroad)
I	North side SH 183 (BNSF Railroad - Loop 12)
J	South side SH 183 (BNSF Railroad - Loop 12)
K	North side SH 183 (Loop 12 - eastern city limits); and north side of Spur 482, north of SH 114, east of Loop 12
L	South side SH 183 (Loop 12 - eastern city limits)
M	North side of Texas Plaza, north of SH 114 and west of Loop 12

Uses	Segment
Open Space and Parks	A	B	C	D	E	F	G	H	I	J	K	L	M
Enhanced landscaping	•	•	•	•	•	•	•	•	•	•	•	•	•
Gateway features	•			•					•		•	•	•
Open space	•	•	•	•	•	•	•	•	•	•	•	•	•
Trail system linkage											•	•	•
Residential	A	B	C	D	E	F	G	H	I	J	K	L	M
Medium/high density residential (18+ du/a)									•	•	•		•
Educational or Institutional	A	B	C	D	E	F	G	H	I	J	K	L	M
Government buildings and uses	•	•	•	•	•	•	•	•	•	•	•	•	•
Museum	•	•	•	•	•	•	•	•	•	•	•	•	•
Religious assembly	•	•	•	•	•	•	•	•	•	•	•	•	•
Trade or vocational school	•	•	•	•	•	•	•	•	•	•	•	•	•
University or college	•	•	•	•	•	•	•	•	•	•	•	•	•
Medical	A	B	C	D	E	F	G	H	I	J	K	L	M
Hospital						•					•		•
Medical or dental clinic	•	•	•	•	•	•	•	•	•	•	•	•	•
Medical or dental laboratory	•	•	•	•	•	•	•	•	•	•	•	•	•
Veterinary clinic/hospital	•	•	•	•	•	•	•	•	•	•	•	•	•
Office and Financial	A	B	C	D	E	F	G	H	I	J	K	L	M
Depository financial institution with or without drive-through	•	•	•	•	•	•	•	•	•	•	•	•	•
Office, general	•	•	•	•	•	•	•	•	•	•	•	•	•
Retail and Dining	A	B	C	D	E	F	G	H	I	J	K	L	M
Building material sales (indoor)	•	•	•	•	•	•	•	•	•	•	•	•	•
Convenience store	•	•	•	•	•	•	•	•	•	•	•	•	•
Drive-in restaurant	•	•	•	•	•	•	•	•	•	•	•	•	•
Furniture and appliance sales	•	•	•	•	•	•	•	•	•	•	•	•	•
Gasoline service station	•	•	•	•	•	•	•	•	•	•	•	•	•
Grocery store	•	•	•	•	•	•	•	•	•	•	•	•	•
Restaurant, with or without drive-through	•	•	•	•	•	•	•	•	•	•	•	•	•
Retail sales	•	•	•	•	•	•	•	•	•	•	•	•	•
Retail store, general	•	•	•	•	•	•	•	•	•	•	•	•	•
Heavy Commercial and Services	A	B	C	D	E	F	G	H	I	J	K	L	M
Auto parts and accessories, sales and Installations	•	•	•	•	•	•	•	•	•	•	•	•	•
Auto repair garage	•	•	•	•	•	•	•	•	•	•	•	•	•
Car wash	•	•	•	•	•	•	•	•	•	•	•	•	•
Dry cleaning and laundry service	•	•	•	•	•	•	•	•	•	•	•	•	•
General personal services	•	•	•	•	•	•	•	•	•	•	•	•	•
New automobile and light truck sales, rental and service; conditional used automobile sales; used automobile and trucks as an accessory use - see Sec. i(4)a*		•	•		•					•	•
Trade services									•	•	•	•
Warehouse and Industrial	A	B	C	D	E	F	G	H	I	J	K	L	M
General industrial services									•	•	•	•
Light assembly/fabrication									•	•	•	•
Light manufacturing									•	•	•	•
Mini storage					•	•	•	•	•	•	•	•
Research and development laboratory							•	•	•	•	•	•
Warehouse									•	•	•	•
Welding shop									•	•	•	•
Wholesale distribution									•	•	•	•
Travel, Leisure, and Entertainment	A	B	C	D	E	F	G	H	I	J	K	L	M
Bowling alley	•	•	•	•	•	•	•	•	•	•	•	•	•
Cinema	•	•	•	•	•	•	•	•	•	•	•	•	•
Entertainment uses	•	•	•	•	•	•	•	•	•	•	•	•	•
Hotels, in accordance with Section 3.10	•	•	•	•					•	•	•	•	•
Mixed Uses	A	B	C	D	E	F	G	H	I	J	K	L	M
Mixed use	•	•	•	•	•	•	•	•	•	•	•	•	•
Transit Oriented Development (within ¼ mile of rail transit station)							•	•	•	•	•		•

Use-specific standards.

Automobile sales lots.

Properties developed and operating as a franchised new automobile sales lot on February 3, 2011, as noted on the map included with this section and labeled Exhibit B are hereby approved for such use and may continue to be used for franchised new automobile sales. Properties developed and operating as a corporate owned used automobile sales lot on February 3, 2011, that have (1) a minimum of five (5) acres of land, (2) a sales and service building of a minimum of twenty thousand (20,000) square feet with four (4) service bays that provide repairs and make-ready services for automobiles being sold, and (3) a display area of a minimum of one hundred (100) automobiles as noted on the map included with this section and labeled Exhibit B are also hereby approved for such use and may continue to be used for used automobile sales.

Notwithstanding any provisions of subsection 2.3.4(i)(1) above, the sale of used automobiles as a principal use with no accessory use relationship with a franchised new automobile sales business along State Highway 183 and that does not comply with the standards of subsection 2.3.4(i)(4)(a)(i) above is not allowed in the State Highway 183 overlay district. Properties developed and operating as a used automobile sales lot on February 3, 2011, as noted on the map included with this section and labeled Exhibit C shall be considered nonconforming uses.

Should the use of a property for the sale of automobiles be discontinued or abandoned for a period of twenty-four (24) consecutive months, then such use may not be resumed, and all future use of the property shall be in accordance with the Use Chart in subsection 3) above. Properties formerly used for an automobile sales lot that are closed or inactive as of February 3, 2011, shall be subject to this section. Any of the following conditions, events, or conduct shall constitute the discontinuance or abandonment of the auto sales use regardless of the intent of the owner:

The use changes to a use other than automobile sales;

ii.

The closure or cessation of the use for a period of twenty-four (24) consecutive months;

iii.

Water service or other public utility service is discontinued for a period of twenty-four (24) consecutive months with the exception of water service to an irrigation-only meter; or

iv.

Failure of the owner to initiate repairs or reconstruction within a period of twenty-four (24) months in the event the automobile sales use suffers damage or destruction from fire, storm, flood, or other disaster.

Properties developed and operating as an automobile sales lot on February 3, 2011, as noted on the map included with this section and labeled Exhibit B shall be required to comply with the following design standards in subsections 5-15. All improvements required by these subsections shall be completed no later than three (3) years after completion of frontage road construction work along the particular property's frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. Should a new certificate of occupancy be issued prior to completion of frontage road construction work along the property's frontage, the planting of trees and other landscaping along the frontage may be deferred until three (3) years after completion of the frontage road construction.

Automobile sales lots shall have a minimum area of three (3) acres. Dealerships with multiple lots or tracts shall aggregate through platting the separate lots or tracts into one (1) in order to provide proper access and circulation.

In addition to the landscaping required by subsection 2.3.4(h)(2) above and subject to the same deadline for installation, automobile sales display areas visible from a public street right-of-way shall be landscaped with a minimum of one (1) four-inch caliper tree per each thirty (30) display spaces.

All vehicles displayed outdoors must be displayed on the ground, and not artificially elevated by ramps, cranes, lifts, hills, slopes, or any other artificial means. Parking vehicles for display in the right-of-way, landscape buffer area, or required parking setback is prohibited.

Canopies, awnings, or other structures built to cover vehicles displayed for sale shall comply with the required setbacks from property lines, and be consistent with the design and colors of the principal buildings on the property. Such structures shall be designed to include architectural details and enhancements, and shall not resemble flat-roof carports. Such structures need not comply with the building material requirements of subsection 2.3.4(e)(3).

Newly constructed automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be striped and paved with a minimum of five (5) inches of three thousand (3,000) p.s.i. concrete with #3 rebar on eighteen-inch centers both ways. New and existing parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading.

10.

Service activities shall be clearly incidental to the vehicle sales operation.

11.

Vehicle service activities shall occur within a completely enclosed building.

12.

Vehicles which have visible body damage shall be stored completely within an enclosed building, or within an area completely enclosed by a masonry fence a minimum of seven (7) feet tall. Any outside storage of such vehicles inside a masonry fence shall not be located less than one hundred (100) feet from the State Highway 183 right-of-way.

13.

Vehicle loading and unloading activities may take place only within the property (no maneuvering in the right-of-way), and may not occur between the hours of 10:00 p.m. and 7:00 a.m. if the property abuts residential zoning.

14.

Banners, streamers, pennants, inflatable signs, characters and materials, and other non-permanent signs are prohibited.

15.

Newly erected flagpoles shall not exceed fifty (50) feet in height. Flag poles existing as of February 3, 2011, that exceed fifty (50) feet in height may remain.

Big box retail.

Stand alone retail buildings with a floor area of fifty thousand (50,000) square feet or more shall be designed such that the front façade has a minimum of three (3) distinct sections to appear as if to accommodate at least three (3) separate occupants.

The building shall have clearly defined, highly visible customer entrances with a minimum of three (3) of the following features: canopies, porticos, overhangs, recesses/projections, raised corniced parapets over the doors, peaked roof forms, outdoor patios, display windows, arcades, arches, wing walls, and integral planters.

Covered waiting areas shall be provided adjacent to all public entrances extending a minimum of ten (10) feet on both sides of the doors. Benches or other seating facilities shall be provided in the waiting areas.

All sides of the building shall comply with the articulation standards of subsection 2.3.4(e)(3) above.

A seven and one-half-foot deep landscaped buffer shall be provided along the base of the wall of the building except for entrances and loading areas. The landscaped buffer shall include grass or ground cover and a combination of trees, shrubs, seasonal plants, and/or other landscaping elements.

A variation in roof lines shall be provided to provide visual interest and reduce the massive scale of large buildings. Roof features shall incorporate a minimum of two (2) of the following features: parapets screening flat roofs and rooftop equipment, overhanging eaves, sloped roofs, three or more roof planes, or repeating patterns of changes in color, texture and material modules.

Façade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity, metallic, or fluorescent colors is prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, however, neon, argon, or similar type tubing is not allowed.

Transit oriented development.

Transit oriented development shall be a permitted use on those properties for which such use is indicated as allowed in the use charts in subsection 2.3.4 (i).

Transit oriented development shall comply with the design standards established in section 2.6.5 of this ordinance.

Approval of transit oriented development projects shall be in accordance with all the requirements of subsection 2.6.5(i) with the exception that no zoning change application is required.

Mixed-use development.

Mixed-use development shall be a permitted use on those properties for which such use in indicated as allowed in the use charts in subsection 2.3.4(i).

The mixed-use category is established to encourage and facilitate the development of large-scale, distinctive regional centers containing a concentrated mix of land uses in the same structure or in close proximity. Such centers should include major economic generators with a regional market draw such as regional retail centers, major employers, restaurants, theaters, hotels, and relatively dense office development. The center should contain a broad mix of complementary uses including high-density residential, civic and public facilities, parks, and open space. Development should facilitate and encourage pedestrian travel between residential and nonresidential uses. Transit facilities and pedestrian-friendly elements are important components of mixed-use centers.

Mixed-use development should have a minimum area of twelve (12) acres. Residential development should provide a minimum density of eighteen (18) dwelling units per acre.

New mixed-use development shall establish a regular pattern of blocks that encourages pedestrian circulation without unduly limiting vehicular traffic. Connectivity to adjacent neighborhoods is to be provided with access to surrounding residential neighborhoods limited to the lower density and residential component of the mixed-use development. The site should be designed to limit the amount of commercial traffic coming to and going from the development through residential neighborhoods, while encouraging pedestrian access from adjacent neighborhoods.

Streetscape design shall include public sidewalks within pedestrian access easements a minimum of sixteen (16) feet wide and a maximum of eighteen (18) feet wide on all sides of all streets (excluding any frontage on State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161). The sidewalk area shall incorporate both a street tree/furniture area a minimum of six (6) feet in width adjacent to the curb of the street and a clear area between the street tree/furniture area and the face of the buildings. Street trees shall be planted along all internal streets in the mixed-use development (excluding any frontage on State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161) within the street tree/furniture area at an average spacing of twenty (20) to thirty (30) feet on center. The street tree/furniture area may also be used for the placement of seating, street lights, planters, waste receptacles, bicycle racks, utility structures, and similar elements. Outdoor seating for restaurants is allowed within the clear zone area as long as a minimum six-foot-wide unobstructed walkway is maintained.

A minimum of seventy-five (75) percent of a building's façade facing a public street shall be brought up to the edge of the clear zone.

Crosswalks across streets and driveways shall be constructed of pavers and shall be installed over a concrete sub-base and comply with the minimum design standards of the city. The city shall be responsible for maintenance of pavers in public streets only. Adjacent property owners shall be responsible for maintenance of pavers in private streets and driveways.

Sidewalks along the streets shall include accent areas of pavers comprising a minimum of thirty (30) percent of the paved walkway surface. All sidewalk paving shall be installed over a sub-grade approved by the city and shall be maintained by the adjacent property owner.

Ground-floor façades that face public streets or other public areas (outdoor gathering spaces, parks or open space, parking areas) shall incorporate pedestrian-oriented design features into no less than sixty (60) percent of their horizontal length. Pedestrian-oriented design features may include arcades, display windows, entryways, awnings, shaded sidewalks, or other similar features approved by the director.

10.

Commercial uses such as retail, restaurant, personal services, and small offices shall be located at the street level of a mixed-use development, with support residential and larger office uses located on the upper floors within the same building or in other buildings nearby.

11.

Parking structures shall be wrapped by retail, office, or residential uses along at least sixty (60) percent of the ground-floor frontage on all public and private streets.

12.

Residential uses incorporated within a mixed-use district shall be visually and/or physically integrated with nonresidential uses by being (a) vertically located above street-level commercial uses or (b) horizontally integrated into the site by being located between the highest density uses within the center and the adjacent neighborhood, and by including pedestrian connections that include a clear pedestrian circulation system that minimizes conflict between pedestrian and vehicular movements and encourages pedestrian activity between residential and nonresidential uses.

13.

Parking areas shall be limited to structure or below-grade with the exception of on-street parking and minimal surface parking areas to support retail uses and stand-alone restaurants. On-street parking shall not be designated per individual businesses or occupancies, but may count toward the minimum parking requirements for the entire structure along the adjacent frontage. Parallel parking, head-in parking along streets, and/or minimal surface parking is permitted subject to approval through the site plan approval process.

14.

All mixed-use developments shall dedicate a minimum of two (2) percent of the net site area to one (1) of the following types of outdoor gathering spaces or pedestrian amenities that shall be located so as to be readily accessible and usable by residents and visitors to the development: (a) a landscaped private common open space for use of residents, employees, and visitors to the development, or (b) a playground, patio, or plaza with outdoor seating area with a minimum area of four hundred (400) square feet. Where significant natural or scenic resources exist on a site, the developer shall give priority to their preservation as an outdoor gathering area. Private yards, public or private streets or rights-of-way, and parking areas and driveways shall not be counted toward this requirement.

15.

Approval of mixed-use developments shall be in accordance with the same requirements as for a transit oriented development as provided in subsection 2.6.4(i) with the exception that no zoning change application is required.

Area regulations.

The following minimums and maximums shall be required for any development within the State Highway 183 overlay district except for transit oriented development or mixed-use development:

Minimum front yard setback: 30 feet from any street right-of-way.

Minimum rear and side yard setback:

10 feet abutting non-residential use or zoning

30 feet for buildings up to 20 feet high abutting residential use or zoning

30 feet plus 3 feet for each additional 1 foot in height above 20 feet for buildings over

20 feet high abutting residential use or zoning

Minimum parking setback:

30 feet from State Highway 183

15 feet from any other street right-of-way

20 feet from residential use or zoning

Minimum separation between buildings: 0 feet

Lot width: 80 feet

Lot depth: 100 feet

Maximum height: 150 feet

Maximum impervious lot coverage: 80 percent

Nonconforming uses.

Uses and structures that are rendered nonconforming by this section 2.3.4 shall be governed by the provisions of Chapter UDC-7, "Nonconformities".

Design guidelines for public rights-of-way and property.

The freeway rights-of-way belong to the public and should provide a visually pleasing experience. Public rights-of-way and other publicly owned properties should provide the same level of high quality design, materials, sustainability, and maintenance as that required of private property.

Public rights-of-way should be landscaped and maintained in an attractive, sustainable manner. Lighting should be installed and maintained according to the theme and nature of its location. Traffic control cabinets, utility cabinets, switchgear, and similar installations should be screened with landscaping, berms, and/or walls. Utilities should be installed underground. Noise walls, bridge abutments, and roadway slopes should be enhanced with landscaping, graphics, and other elements.

In accordance with Irving City Council Resolution Nos. 11-18-99-537, 1-10-02-017, and 10-30-03-391, the following minimum standards should be incorporated into the design and construction of improvements within the State Highway 183 right-of-way.

Landscaping standards.

Selection of materials.

The installation and continuous maintenance of landscaping is extremely important. Landscape materials in areas that are completely surrounded by public right-of-way and not able to be maintained by an owner of an adjacent tractor lot should be chosen for their heat and drought tolerance and overall hardiness. The planning and implementation of all improvements should include long-term maintenance costs with respect to plantings, structures, surface treatments, and other material along the highway.

Visual appeal.

Landscaping and treatment of unpaved portions of right-of-way contribute both aesthetically and functionally to the overall character of the State Highway 183 corridor and shall establish a higher level of visual appeal than traditional treatments in the past.

Grasses.

Native grasses shall be required in all unpaved portions of right-of-way that do not abut private property for ease of maintenance. Allowable species are listed in subsection (k)(1)e. below.

Trees.

If the area between the curb of the State Highway 183 frontage road and the property line is more than ten (10) feet deep, then native or adapted, heat and drought tolerant trees selected from the list in subsection (k)(1)e. below shall be planted within the right-of-way a minimum of ten (10) feet from the back of curb. Trees shall be planted at a ratio of one (1) tree per each sixty (60) feet of frontage, and should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property.

Recommended species.

Trees, shrubs, and grasses within unpaved areas that are completely surrounded by right-of-way shall be selected from the following species:

Trees
* Ash, Texas	* Oak, Chinquapin
* Cypress, Bald	* Oak, Live "High Rise"
* Elm, Cedar	* Oak, Texas Red
* Maple, Shantung	* Pine, Mondel
Ornamental Trees
* Holly, Foster	* Myrtle, Crepe, tree form
Shrubs
* Crepe Myrtle, dwarf	* Nandina, (many varieties)
* Hawthorne, Indian (many varieties)	* Rose, Knockout
* Holly, Dwarf Burford	* Sage, Texas
Grasses
* Miscanthus, many varieties	* Weeping Love Grass
* Indian Feather Grass	* Gulf Muhly

Civic art.

Civic art should be incorporated into any permanent features that complement the environment in which it is placed.

Interchanges.

Interchange design.

Interchanges at major intersections become landmarks that signify transitions from one segment of the corridor or neighborhood to the next, and create opportunities to identify those areas through planting, public art, or other features. Interchanges should be designed to reflect the adjacent land use or community, and serve as dividers between distinct land uses.

Interchange elements.

Interchanges shall incorporate sustainable landscaping, architectural, and art elements to clearly identify the location as an Irving destination.

Retaining walls.

The visual impact of retaining walls shall be softened by the use of graphics, murals, varying patterns of masonry and mortar, stamped concrete, native stone materials, landscaping, and other visual enhancements.

Sound walls.

Sound walls shall be designed to complement the surrounding development in the particular portion of the corridor in which they are placed. Artwork, graphics, murals, and other visual enhancements shall be included in accordance with the theme of the area. Enhancements shall include both sides of the wall, not just the State Highway 183 side, and should incorporate areas of open space, landscaping, sidewalks, and other amenities.

Signage.

The location, frequency, and graphics of signage of the highway corridor are limited by state, federal, and safety standards. However, graphics should be arranged to produce a coordinated and coherent system by having consistent visual continuity in the layout of the graphics and sign supports, incorporating concrete columns with architectural enhancements with steel trusses that completely span main lanes, ensuring even alignment of signs on structures, and following a uniform design.

Administration.

To encourage creative and unique design, "alternative equivalent compliance" allows development to occur in a manner that meets the intent of this section 2.3.4, yet through an alternative design that does not strictly adhere to the standards of this section 2.3.4. This is not a general waiver of regulations. Rather, this section authorizes a site-specific plan that is equal to or better than the strict application of the standards.

The director may approve alternative equivalent compliance with these design standards in specific instances if the applicant demonstrates that the proposed alternative:

Achieves the intent of the subject standard to the same or better degree than the subject standard;

Advances the goals and policies of the State Highway 183 overlay to the same or better degree than the subject standards;

Results in benefits to the community that are equivalent to or exceed the benefits associated with the subject standard;

Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements;

Is compatible with surrounding development;

Complies with all other requirements of the approved zoning of the property;

Is an enhancement beyond the minimum design standards;

Incorporates architectural design and creativity; and

Provides other enhancements such as landscaping, signs, screening, paving, and tree preservation beyond the minimum standards.

Modifications to these standards may also be requested through the S-P-1 or S-P-2 zoning process. Requests for S-P-1 or S-P-2 zoning shall be processed the same as any other zoning request.

Building permit applications for projects that comply with the approved zoning and the design standards established by this section 2.3.4 may be issued by the director without the need for any other public hearing or site plan approval.

Photos, drawings, and other illustrations included in this section 2.3.4 are for informational purposes only and are intended to provide examples of the types of standards envisioned by these regulations. Such illustrations are not all-encompassing, and should there be a conflict between a photo or illustration and the text of this section 2.3.4, the text shall control.

Definitions.

For purposes of this section 2.3.4, all definitions shall be per Chapter UDC-9 (Definitions) with the following exceptions which shall be defined as follows:

Entertainment uses:

Establishments that provide food, drink, and entertainment to persons on the premises, including such uses as public and private park and recreation area, golf course and country club, driving range, miniature golf, dance and assembly hall, amusement park, commercial amusement, concert venue, and meeting/conference center.

Gateway features:

Enhanced landscaping, signage, public art, architectural treatments, sculpture, and similar public or private improvements which serve to mark the entrance areas to Irving along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

General industrial services:

Establishments such as construction materials storage, welding shops, machine shops, electric motor repair, and truck and heavy equipment servicing and repair.

General personal services:

Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receive goods from or return goods to the customer that have been treated or processed at that location or other locations such as, but not limited to, day care centers, dry cleaning and laundry services, pharmacy, shoe repair, beauty or barber shops, massage therapy, tanning salons, mortuary or funeral home, tattoo parlor or piercing studio, and nail salon.

Mini-storage:

A building or group of buildings containing one (1) or more compartmentalized storage units for rent or lease, the use of which is restricted solely to the inside storage of customer's goods or wares. The conduct of sales, business, or any other activity within the individual storage units other than storage shall not be allowed. The business may also include on-site dwelling accommodations for the manager or for security.

Retail sales, or retail store, general:

shall refer to retail stores and uses completely within an enclosed building. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

Trade services:

establishments for contractor businesses such as, but not limited to, plumbing, electrical, heating and air conditioning, painting, construction, welding, irrigation, security systems, swimming pools, and similar contractual services.

2.3.5

Conditional use permit ("CUP").

Purpose and intent.

A conditional use permit provides flexibility necessary to achieve the goals and objectives of the comprehensive plan and allows compatible and orderly development of certain uses which have the potential to adversely impact surrounding property or the general public. Conditional uses are those uses which are generally compatible with the permitted land uses in a zoning district, but which require individual review and public hearing to consider their scope, proposed location, design, and configuration. Special review of such uses is necessary and specific conditions may be required to ensure that the uses are operated and located on property with respect to their effects on surrounding properties and so that any potentially adverse impacts can be mitigated. The purpose of the conditional use permit process is to provide a procedure and set forth standards whereby such uses might be permitted, where appropriate, by further restricting or conditioning them so as to eliminate the probable and potential negative impacts.

Conditional use permits.

The City Council of the City of Irving, Texas, after a public hearing and proper notice to all parties affected and after recommendation by the planning and zoning commission may authorize the issuance of a CUP for uses as indicated in 2.4.2 (Residential Land Use Table) and 2.5.2 (Non-Residential Land Use Table).

The conditional use permit functions as a zoning overlay that supplements the primary underlying zoning district classification by adding the specified use not otherwise allowed by right in the base zoning district. The zoning designation of property with a conditional use permit shall consist of the base zoning symbol and the overlay symbol "CUP" as a suffix.

The following general rules apply to all conditional uses:

Approval of a conditional use permit shall authorize only the particular use or category of related uses for which the conditional use permit is issued.

A conditional use shall not be enlarged, extended, or otherwise modified unless approved by the city council.

Obtaining a conditional use permit does not exempt the property owner from complying with requirements of the building code, state and federal law, or other city ordinances.

The use of property for the purposes described in a conditional use permit shall not commence until a certificate of occupancy has been issued.

Application and fee.

The property owner or certified agent shall make application on a form prescribed by the city. All applications shall be accompanied by a fee in accordance with the most recently adopted fee schedule. Payment of such fee shall not be refundable in whole or in part. Each application shall contain at least the following information before it is considered complete and subject to review, unless the zoning administrator determines certain information is inapplicable or unnecessary to appropriately evaluate the application.

The applicant's name, address, contact information, and interest in the property;

The owner's name, address, and contact information, if different than the applicant, and the owner's signed consent to the filing of the application;

The street address and legal description of the subject property and a survey or plat of the subject property;

The zoning classification, zoning district boundaries and present use of the subject property;

A complete description of the proposed conditional use;

Site plan in compliance with subsection (d);

Traffic impact analysis;

A statement indicating whether the applicant will require a variance in connection with the proposed conditional use specifying both the request and justification for the deviation; and

Such other and further information or documentation as the zoning administrator may deem to be necessary for a full and proper consideration and disposition of the particular application.

Conceptual site plan required.

The conceptual site plan submitted in support of a request for a conditional use permit shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facilities, and what protection features are included to ensure that the development will be compatible with existing and allowable development on adjacent property and to mitigate development-related adverse impacts. The plan shall show at least the following items of information:

The location of all structures on the subject property and on adjoining properties, including height, approximate square footage, and setbacks;

Landscaping and/or fencing of yards and setback areas and proposed changes;

Design of ingress and egress;

Off-street parking and loading facilities;

Proposed uses; and

The location and types of all signs, including lighting and heights.

Approval procedure.

A conditional use permit requested under the provisions of this section shall be considered as an amendment to the zoning ordinance as applicable to the property involved and shall be approved by ordinance. Required notice and public hearings shall be in accordance with Section 1.12 (Zoning Map Amendments) of the Unified Development Code.

Review criteria.

In reviewing a request for conditional use permit approval, the planning and zoning commission and city council shall consider:

Existing uses:

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.

Vacant properties:

That the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in area.

Services:

That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Conditional uses in residential districts shall generally require direct access to an arterial street.

Parking:

That adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed uses.

Performance standards:

That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

Waivers and variances.

The city council may waive or modify specific standards otherwise made applicable to the conditional use as reasonably necessary to mitigate adverse effects of the proposed use in accordance with the standards and purpose of this section. Conditions imposed by the city council may not be waived or varied by the board of adjustment. A distance variance granted pursuant to 3.3.8 may be included as part of the conditional use permit process and shall not require separate action.

Required findings.

The city council may permit a conditional use subject to appropriate conditions and safeguards when the council finds:

The proposed use is consistent with the comprehensive plan;

The proposed use is compatible with the existing and adjacent uses;

The proposed use meets all supplemental use standards specifically applicable to the use as set forth in Chapter UDC-3, Performance Standards for Selected Uses;

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods;

Any negative impact on the surrounding area has been mitigated; and

The proposed use is not materially detrimental to the public health, safety, and welfare, or result in material damage or prejudice to other property in the vicinity.

Conditions.

The city council may stipulate conditions and limitations on the approval of the conditional use permit in the interest of public welfare and to assure that the intent of this ordinance is carried out. Conditions imposed shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the conditional use permit. Such conditions shall be expressly set forth in the motion authorizing the conditional use. These conditions may include, but are not limited to:

Time limits as outlined in 2.3.5(e)(5) below;

Limitation of building size or height;

Enhanced loading and parking requirements;

Additional landscaping, curbing, sidewalk, vehicular access and parking improvements;

Placement or orientation of buildings and entryways;

Buffer yards, landscaping, and screening; and

Signage restrictions and design.

Time limits.

A time limit may be imposed as a condition of the approval of a conditional use permit in circumstances when the city council determines that:

The use is presented by the applicant as a temporary or interim use or the use, due to its nature and operation, may be considered temporary or interim, so that removal of the use is reasonably to be expected after a period of time. Temporary or interim use may be indicated by leasing of land or building space, by minimal construction of property improvements or by the lack of construction customized for the specific use.

The use is consistent with current uses in the area and on adjoining property; however, anticipated future changes in the area would cause the requested use to become incompatible after a period of time.

The health, safety, and welfare of the public would not be adequately protected from the use without such condition.

Lapse, expiration, or renewal of approved CUP.

Failure to implement.

Approval of the conditional use permit shall automatically lapse and terminate one hundred eighty (180) days after the date granted by ordinance unless a building permit or a certificate of occupancy has been issued for the use. Upon written request, received no later than thirty (30) days prior to the termination of the CUP, the zoning administrator, for just cause, may authorize an extension of an additional one hundred eighty (180) days to obtain a building permit or certificate of occupancy. To qualify for such an extension, the owner must provide documentation of the circumstances beyond their control that necessitate longer than the initial one hundred eighty (180) days. Under no circumstances is the zoning administrator required to authorize an extension of time nor can any time beyond three hundred sixty (360) days be authorized without city council approval.

Expiration.

If the conditional use permit has a time limitation attached, the expiration date shall be as set forth in the permit.

Renewal.

When a conditional use permit is to expire due to a time limit imposed by the city council at the time of approval and the property owner wishes to continue the use, they must file a complete application for renewal with the zoning administrator not later than ninety (90) days before the expiration date of the conditional use permit. Requested renewals of existing conditional use permits shall require the same notice and public hearing procedures as an initial application.

Withdrawal of CUP application.

Prior to public hearing.

An applicant may withdraw an application by giving written notice to the zoning administrator at least five days prior to the date of the public hearing. Permission of the planning and zoning commission shall not be required for such withdrawal.

Prior to recommendation.

The applicant may also request withdrawal of an application at the time of the public hearing before the planning and zoning commission. The commission shall provide an opportunity to present evidence of the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.

After recommendation.

After the commission has held a public hearing and forwarded a report and recommendation on an application, an applicant may not withdraw an application from consideration except with the express permission of the council. An applicant may present a request for withdrawal to the council at the time of the public hearing. The council shall provide an opportunity to present evidence on the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.

If the city council approves a request for the withdrawal of a conditional use permit application, an applicant may not file a new application for the same or similar permit until six (6) months have expired from the date of withdrawal. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.

Effect of denial.

If the council denies an application for a conditional use permit, an applicant may not file a new application for a conditional use permit or a site plan district zoning case for the property until after 12 months have expired from the date on which the application was denied. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.

Discontinuation of use.

In the event the property for which a use under the conditional use permit is discontinued for six (6) months, or after changing the use to another use not included in the CUP and permitted by the base district, the future use of the property shall thereafter conform to the regulations of the base zoning district of such property unless a new and separate conditional use permit is granted by the city council for continuation of the use.

Transferability.

A conditional use permit shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application unless the city council finds that a use or uses defined and permitted under a conditional use permit are sufficiently unusual in character or operation as to create the potential for variations in function or operation with possible negative impacts upon adjacent properties or on the citizenry as a whole, the city council may specify in its approval that the conditional use permit is approved solely for the business represented by the applicant and that the conditional use permit shall not be transferable to a different person or business.

Review and revocation.

Review.

The departmental director as designated by the city manager may periodically review any CUP to ensure that the conditional use is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. Upon determination of noncompliance with the provisions of the conditional use permit, the director shall give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten (10) days nor more than thirty (30) days after the date of notification, within which to comply.

Revocation process.

If the violations have not been corrected within the prescribed time period, the city attorney's office shall notify the property owner in writing that due to their noncompliance and failure to rectify all violations a public hearing has been set to consider revocation of the conditional use permit. The revocation process shall be conducted in the same manner as any other zoning change and comply with all notice and hearing requirements outlined in Section 1.12 (Zoning Map Amendments).

The planning and zoning commission shall conduct a public hearing not more than thirty (30) days after the city attorney's notice, shall consider any public testimony, staff reports, documentation of any health and safety concerns, police records as applicable, municipal or other court records as applicable, code enforcement records as applicable, and the status of any state license required for operation of the use and make a recommendation to the city council regarding the proposed revocation.

After due hearing, the city council may revoke or modify any conditional use permit that has been reported in violation by the director. Continued use without a conditional use permit will be a violation of this chapter and subject to the penalties provided in Section 1.8.1 (Enforcement-Penalty).

Revocation considerations.

A conditional use permit may be revoked or modified if any one (1) of the following findings can be made:

That circumstances have changed so that one (1) or more of the findings contained in subsection (e)(3) of this chapter, Required Findings, can no longer be made;

The building, premise, or land uses under the conditional use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate conditional use permit for such enlargement, modification, structural alteration or change;

Violation of any provision of the site plan encompassing the property for which the conditional use permit was issue for, terms or conditions of a conditional use permit;

The conditional use permit was obtained by fraud or with deception.

That the use for which the CUP was granted had ceased or was suspended for one hundred eighty (180) calendar days or longer;

That one (1) or more of the conditions of the use permit have not been met;

That the use is in violation of any applicable statute, ordinance, law, or regulation; or

That the use permitted by the use permit is detrimental to the public health, safety or welfare, or constitutes a nuisance.

Effect of revocation.

Upon the effective date of the revocation, it shall be unlawful to undertake or perform any activity that was previously authorized by the conditional use permit. The property subject to the conditional use permit may be used for any permitted use within the base zoning district.

(Ordinance 2023-10829, § 11, adopted 12/7/2023; Ordinance 2023-10829, § 12, adopted 12/7/2023; Ordinance 2023-10704, § 1, adopted 2/9/2023; Ordinance 2025-11166 adopted 8/28/2025)

2.4 Residential Districts.

2.4.2

Residential Land Use Table.

	R-40 Single Family 40,000 sf lot	R-15 Single Family 15,000 sf lot	R-10 Single Family 10,000 sf lot	R-7.5 Single Family 7,500 sf lot	R-6 Single Family 6,000 sf lot	R-Zla Zero Lot Line 4,000 sf	R-3.5 Two-Family 3,500 sf per Unit = 7,000 sf	R-SFA Single-Family Attached 3,500 sf per Unit = 7,000 sf	R-TH Townhouse 2,420 per Unit	R-2.5 Four-Family 2,500 per Unit	R-MF-1 Multi-Family	R-MF-2 Multi-Family	R-MF-O Multi-Family City - Wide Overlay	R-MH Manufactured Home (greater than 10 ac)	R-XF Extra-Family	SP Site Plan S-P-1, S-P-2	Development Standards	Conditional Use Permit (CUP)	Additional Requirements
Explanation of Table Abbreviations				P = Permitted by right CUP= Allowed with Conditional Use Permit Blank cell= Prohibited
Residential
Single-family detached dwelling	P	P	P	P	P	P	P			P			P		P
Single-family attached dwelling								P
Duplex							P			P
Townhouse									P
Triplex										P
Four-unit apartment house										P
Multi-family dwelling											P	P	P				§ 3.13
Rooming House															P
Boarding house															P
Boarding Homes for the Disabled	P	P	P	P	P	P	P	P		P					P		Ch 8A		Code of Civil and Criminal Ordinances
Nursing home															P
Hospital															P
Old person's home															P
Sorority and fraternity house															P
Boarding school															P
Manufactured home community														P
Mobile home in a manufactured home community														P
HUD-code manufactured home in a manufactured home community														P
Recreational vehicle in a manufactured home community														P
Industrialized/Modular Home	P	P	P	P	P	P	P			P			P		P		§ 3.11
Civic
Cemetery																P	§ 3.22
Governmental buildings and uses	P	P	P	P	P	P	P	P	P	P	P	P	P		P
Public and nonprofit institutions of an educational, religious or cultural type, excluding corrective institutions and hospitals	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Public utility uses required to service the district	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Recreational
Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges	P	P	P	P	P	P	P	P	P	P			P	P
Temporary
Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only	P	P	P	P	P	P		P	P				P						Temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision
Garage sales	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Agricultural Uses
Farms, truck gardens, orchards, or nurseries for the growing for sale of plants, shrubs, trees and their produce, provided that no retail or wholesale business sales office is operated on the premises	P
Accessory Uses																			See Individual Districts for Additional Setbacks
Customary home occupation	P	P	P	P	P	P	P	P					P	P	P		§ 3.1		No person other than a member of the family of the owner or user of the principal single-family dwelling shall be employed or work in or at such home occupation.
Private garage	P [1]	P [2]	P [3]	P [3]	P [4]	P [5], [6]	P [4]	P [4]	P [12], [13]	P [4]	P [8]	P [8]	P [4], [8]		P
Guest and servant's quarters																P	§ 2.7.3
Private swimming pool	P [1]	P [2]	P [3]	P [3]	P [4]	P [7]	P [4]	P [4]	P [12]	P [4]	P [8], [9]	P [8], [9]	P [4], [8], [9]	P [10]	P [10]		§ 3.1
Cabana, pavilion or roofed area									P [12]								§ 3.1
Meeting, party and/or social rooms									P [12]								§ 3.1
Laundry room for use of tenants											P [8]	P [8]	P [8]	P			§ 3.1
Cafe or restaurants for the sole convenience of the occupants of a multi-family dwelling apartment house or the members of a private club and their guests											P [8]	P [8]	P [8]				§ 3.1		Such accessory use shall not be open to the general public or advertised in any manner.
Mechanical equipment											P [8], [10]	P [8], [10]	P [8], [10]				§ 3.1
Garbage storage											P [8], [11]	P [8], [11]	P [8], [11]	P			§ 3.1
Parking of automobiles											P	P	P		P				Parking within sixty (60) feet of a developed lot in any "R" district shall be separated from said lot by a blind fence or wall at least six (6) feet high.
Private clubs, excepting those chief activities of which are services customarily carried on as a business and those in which alcoholic beverages are served or consumed											P [8]	P [8]	P [8]				§ 3.1
Manufactured home community lease space rental office														P			§ 3.1
Toilet and shower facilities														P			§ 3.1
Community or recreation building														P			§ 3.1
Community Home																		P
Residential Assisted Living																		P

Notes:
[1]	When any accessory uses are detached from the principal single-family dwelling, said use shall be located not less than eighty (80) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.
[2]	When any accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than seventy (70) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.
[3]	When any accessory uses are detached from the principal single-family dwelling, said use shall be located not less than fifty (50) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.
[4]	When any accessory uses are detached from the principal single-family dwelling, said use shall be located not less than forty-five (45) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.
[5]	When any private garage, guest quarters or public utility use is attached or detached from the principal single-family dwelling, said use shall be located not less than twenty-five (25) feet from the front property line for lots fronting a minor or secondary street or thirty-five (35) feet for lots fronting a major street; not less than fifteen (15) feet from any street right-of-way.
[6]	Whenever a garage or carport in the ZLa district is entered directly from an alley or rear (side) private driveway, a fence may be permitted within the front setback no closer than ten (10) feet to the street right-of-way. Said fence shall be of masonry or materials similar to those utilized on the principal single-family structure and shall not exceed six (6) feet in height.
[7]	A swimming pool in the ZLa district shall not be located within fifteen (15) feet from any street right-of-way and shall be fenced in accordance with other ordinances of the city. Within the ten-foot side setback area, but not within the front setback area, may be placed any of the following: spa, swimming pool, deck, barbecue grill or fountain provided that said uses and any other structure or uses are not more than three (3) feet in height when located within the five-foot access easement but at a height no closer than four (4) feet to any overhanging eave on adjacent property. A spa, swimming pool, deck or fountain may be closer than ten (10) feet to detached structures.
[8]	Accessory uses for multi family use shall be located not less than twenty (20) feet from any street right-of-way.
[9]	Swimming pools for multi family use shall be no nearer than seventy-five (75) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.
[10]	No nearer than one hundred twenty (120) feet to any principal building used for a single-family residence within an R-40, R-15, R-10, R-7.5, R-6, R-ZL or R-ZLa district.
[11]	No nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used for a single-family dwelling.
[12]	Accessory uses in the TH district shall not be located in the area between the face of the principal structure and the front property line.
[13]	Private garages on lots in the TH district having a minimum width of less than thirty (30) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks.

2.4.4

Single-family Residential 40 (R-40).

In a R-40 single-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type, excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the city for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision.

Farms, truck gardens, orchards, or nurseries for the growing for sale of plants, shrubs, trees and their produce, provided that no retail or wholesale business sales office is operated on the premises.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Customary home occupation, provided that no person other than a member of the family of the owner or user of the principal single-family dwelling shall be employed or work in or at such home occupation.

Accessory uses:

The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling:

Private garage.

Guest and servant's quarters may be permitted as an accessory use to a residential dwelling upon such accessory use being approved as an S-P-1 site plan district under section 2.7.3 of this ordinance.

Private swimming pool.

When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said use shall be located not less than eighty (80) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 50 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 50 feet

Width of side yard: 20 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 150 feet

Depth of lot: 150 feet

Land area per dwelling unit: 40,000 square feet

Only one (1) single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Lot coverage by principal buildings: 20 percent of total lot area

2.4.5

Single-family residential 15 (R-15).

In an R-15 single-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type, excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

Private garage.

Private swimming pool.

When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than seventy (70) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 40 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 25 feet

Width of side yard: 10 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 100 feet

Depth of lot: 100 feet

Land area per dwelling unit: 15,000 square feet

Only one (1) single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Lot coverage by principal buildings: 30 percent of total lot area

2.4.6

Single-family Residential 10 (R-10).

In a R-10 single-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type, excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

Private garage.

Private swimming pool.

When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said use shall be located not less than fifty (50) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 25 feet

Width of side yard: 8 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 75 feet

Depth of lot: 100 feet

Land area per dwelling unit: 10,000 square feet

Only one single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Lot coverage by principal building: 35 percent of total lot area

2.4.7

Single-family Residential 7.5 (R-7.5).

In a R-7.5 single-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Customary home occupation, provided that no person other than a member of the family of the owner or user of the principal single-family dwelling, shall be employed or work in or at such home occupation.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

Private garage.

Private swimming pool.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 25 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 20 feet

Width of side yard: 5 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 60 feet

Depth of lot: 100 feet

Land area per dwelling unit: 7,500 square feet

Only one (1) single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2 stories or 25 feet

Lot coverage by principal building: 40 percent of total lot area

2.4.8

Single-family Residential 6 (R-6).

In a R-6 single-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and non-profit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Customary home occupation, provided that no person other than a member of the family of the owner or user of the principal single-family dwellings, shall be employed or work in or at such home occupation.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

Private garage.

Private swimming pool.

When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said use shall be located not less than forty-five (45) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 25 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 20 feet

Width of side yard: 5 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 50 feet

Depth of lot: 100 feet

Land area per dwelling unit: 6,000 square feet

Only one (1) single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2 stories or 25 feet

Lot coverage by principal building: 40 percent of total lot area

2.4.9

Single-family Residential ZLa (R-ZLa).

In an R-ZLa zero lot line residential district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Government buildings and uses.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

Private garage.

Private swimming pool.

Public utility uses.

When any private garage, guest quarters or public utility use is attached or detached from the principal single-family dwelling, said use shall be located not less than twenty-five (25) feet from the front property line for lots fronting a minor or secondary street or thirty-five (35) feet for lots fronting a major street; not less than fifteen (15) feet from any street right-of-way.

A swimming pool shall not be located within fifteen (15) feet from any street right-of-way and shall be fenced in accordance with other ordinances of the city.

Whenever garage or carport is entered directly from an alley or rear (side) private driveway, a fence may be permitted within the front setback no closer than ten (10) feet to the street right-of-way. Said fence shall be of masonry or materials similar to those utilized on the principal single-family structure and shall not exceed six (6) feet in height.

Within the ten-foot side setback area, but not within the front setback area, may be placed any of the following: spa, swimming pool, deck, barbecue grill or fountain provided that said uses and any other structure or uses are not more than three (3) feet in height when located within the five-foot access easement but at a height no closer than four (4) feet to any overhanging eave on adjacent property. A spa, swimming pool, deck or fountain may be closer than ten (10) feet to detached structures.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

No parking of recreational vehicles, motor homes or towed trailers shall be permitted within the required front setback area.

Area regulations:

The following shall be minimum requirements for any principal use structure:

Depth of front building setback: 15 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear setback: 10 feet for one story, 15 feet for two story

Width of side setback: 8 inches on one side, 10 feet on opposite side

Width of lot: 40 feet with rear garage access; 47 feet with front garage access (see subsection f), special conditions)

Depth of lot: 90 feet

Distance between detached structures: 10 feet

Land area per dwelling unit: 4,000 square feet

No dwelling shall be closer than ten (10) feet, eight (8) inches between the face of exterior walls of neighboring dwelling units in an "R-ZLa" district, and no closer than five (5) feet to the boundary of any other zoning district or classification.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of structure, principal and accessory: 2½ stories or 30 feet

Lot coverage by buildings, driveways, and parking: 60 percent

Special conditions:

All subdivision plats filed shall have established front, side and rear yard setback lines on each lot in accordance with 2.4.9(d) above. An access easement of five (5) feet shall be provided and so indicated on the subdivision plat to allow the adjacent owner access to the eight-inch side yard on each lot.

On all lots less than forty-seven (47) feet in width, access to the garage or carport must be from the rear. Corner lots may be accessed from the side property line.

2.4.10

Two-family Residential 3.5 (R-3.5).

In a R-3.5 two family district no land shall be used and no buildings shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwellings.

Duplexes.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Swimming pool.

When any of the foregoing permitted accessory uses are detached from a principal dwelling, said uses shall be located not less than forty-five (45) feet from the front line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 25 feet

Width of side yard: 6 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 60 feet

Depth of lot: 100 feet

Land area per dwelling unit: 3,500 square feet

Distance between detached buildings: 12 feet

Only one single-family detached dwelling or duplex shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed.

Height of principal structure: 2½ stories or 30 feet

Lot coverage by buildings: 40 percent of total lot area

2.4.11

Attached Residential (R-SFA).

In a single-family attached district, no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family attached dwellings.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Government buildings and uses.

Public utility uses.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Swimming pool.

Parking regulations:

Area regulations:

The following minimum requirements shall be provided:

Depth of front yard: 30 feet (see Section 8.4.2, Established Front Yard, as applicable)

Depth of rear yard: 25 feet

Width of side yard: (see Section 8.4.1, Corner Lots, as applicable)

Where single-family dwellings attach on adjacent property zoned "R-SFA": none

Side yard other than where single-family dwellings attach: 6 feet

Width of lot: 30 feet

Depth of lot: 100 feet

Land area per dwelling unit: 3,500 square feet

Distance between detached buildings: 12 feet

Only one single-family attached dwelling shall be permitted on each lot or lot of record as the case may be and shall only attach to one other single-family attached dwelling.

Each single-family attached dwelling shall meet the minimum standards of the building code for buildings adjacent to property lines currently in effect at the time the property is zoned "R-SFA."

10)

A single-family attached dwelling unit shall not be built next to a side yard line without the corresponding single-family attached dwelling being built on the adjacent lot concurrently.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Lot coverage by building: 40 percent of total lot area

All subdivision plats filed shall have established only a single side of each lot which may have single-family dwellings attached.

2.4.12

Four-family Residential (R-2.5).

In a R-2.5 four-family district no land shall be used and no buildings shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Single-family detached dwelling.

Duplexes.

Triplexes.

Four-unit apartment houses.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Accessory uses:

The following uses shall be permitted as accessory uses to dwellings:

Private garage.

Swimming pool.

When any of the foregoing permitted accessory uses are detached from a principal dwelling, said use shall be located not less than forty-five (45) feet from the front lot line nor less than twenty (20) feet from any street right-of-way.

Parking regulations:

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 25 feet

Width of side yard: 6 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 75 feet

Depth of lot: 80 feet

Land area per dwelling unit: 2,500 square feet

Distance between detached buildings: 12 feet

Only one single-family detached dwelling, duplex, triplex or four-unit apartment house shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Lot coverage by buildings: 30 percent of total lot area

2.4.13

Multi-family Residential 1 (R-MF-1).

In an R-MF-1 multi-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Multi-family dwellings.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

The following uses shall be permitted as accessory uses provided that such shall be located not less than twenty (20) feet from any street right-of-way. Refer to section 3.1 Accessory Structures.

Private garage.

Swimming pool, no nearer than seventy-five (75) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6.

Laundry room for use of tenants.

Cafe or restaurants for the sole convenience of the occupants of a multi-family dwelling apartment house or the members of a private club and their guests, provided that such accessory use shall not be open to the general public or advertised in any manner.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district used for a single-family dwelling.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used for a single-family dwelling.

Private clubs, excepting those chief activities of which are services customarily carried on as a business and those in which alcoholic beverages are served or consumed.

Parking regulations:

Off-street parking for multi-family dwellings shall be provided in accordance with the requirements of section 3.13.2(d)(3) of this ordinance.

This required parking shall comply with the provisions of this ordinance and other ordinances of the city. No on-site parking shall be located within a required front yard area.

Area regulations:

The following minimum regulations shall be required:

Depth of front setback: See section 3.13.2(d)(5)(c).

Depth of rear setback: See section 3.13.2(d)(5)(d).

Width of side setback: See section 3.13.2(d)(5)(d).

Width of lot: minimum 100 feet.

Depth of lot: minimum 100 feet.

Maximum density: 18 units per acre.

Minimum separations between buildings: See section 3.13.2(d)(5)(e)

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of structure: Refer to section 8.5 Height, section 3.13.2(d)(5)(b), and section 2.3.2(g).

Lot coverage by buildings: 50 percent

Lot coverage by buildings, driveways, and parking spaces: 70 percent

2.4.14

Multi-family Residential 2 (R-MF-2).

In an R-MF-2 multi-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Multi-family dwellings.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

The following uses shall be permitted as accessory uses provided that such shall be located not less than twenty (20) feet from any street right-of-way.

Private garage.

Swimming pool, no nearer than seventy-five (75) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6.

Laundry room for use of tenants.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 used as a single-family dwelling.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 used as a single-family dwelling.

Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a developed lot in any "R" shall be separated from said lot by a blind fence or wall at least six (6) feet high.

Parking regulations:

Off-street parking for multi-family dwellings shall be provided in accordance with the requirements of section 3.13.2(d)(3) of this ordinance.

This required parking shall comply with the provisions of this ordinance and other ordinances of the city. No on-site parking shall be located within a required front yard area.

Area regulations:

The following minimum regulations shall be required:

Depth of front setback: See section 3.13.2(d)(5)(c)

Depth of rear setback: See section 3.13.2(d)(5)(d)

Width of side setback: See section 3.13.2(d)(5)(d)

Width of lot: Minimum 80 feet

Depth of lot: Minimum 80 feet

Maximum density: 18 units per acre

Minimum separations between buildings: See section 3.13.2(d)(5)(e)

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of structure: Refer to section 8.5 Height, section 3.13.2(d)(5)(b), and section 2.3.2(g).

Lot coverage by buildings: 50 percent

Lot coverage by buildings, driveways and parking spaces: 70 percent

2.4.15

Multi-family Residential O (R-MF-O).

Applicability.

The R-MF-O city-wide overlay district shall apply to any property within the corporate limits of the city which is zoned R-MF-1 or R-MF-2 and which currently is undeveloped as of the effective date of the district.

Uses.

In the R-MF-O city-wide overlay district, no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses.

The following uses shall be permitted as principal uses:

Any use permitted in the R-MF-1 district, subject to any restrictions on processing of applications for multifamily dwellings;

Any use permitted in the R-MF-2 district, subject to any restrictions on processing of applications for multifamily dwellings;

Single-family detached dwellings;

Public and nonprofit institutions of an educational, religious, cultural type excluding corrective institutions and hospitals;

Customary home occupation within a single-family dwelling, provided that no person other than a member of the family of the owner or user of the principal single-family dwellings, shall be employed or work in or at such home occupation.

Accessory uses.

The following uses shall be permitted as accessory uses in the R-MF-O city-wide overlay district:

Any accessory use permitted in the R-MF-1 district, subject to any restrictions therein described;

Any accessory use permitted in the R-MF-2 district, subject to any restrictions therein described;

Any of the following accessory uses established in conjunction with and limited to a single-family detached dwelling; further provided that none shall be a source of income to the owner or user of the principal single-family dwelling and any accessory use which is detached from the principal single-family detached dwelling shall be located not less than forty-five (45) feet from the front lot line nor less than twenty (20) feet from any street right-of-way:

Private garage;

Private swimming pool.

Parking regulations.

Off-street parking shall be provided in the following manner:

For uses authorized in the R-MF-1 district, off-street parking shall be provided in accordance with the regulations of such district;

For uses authorized in the R-MF-2 district, off-street parking shall be provided in accordance with the regulations of such district; and

For all other uses, off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations.

The following minimum requirements shall be required:

For uses authorized in the R-MF-1 district, area regulations shall be required in accordance with the regulations of such district;

For uses authorized in the R-MF-2 district, area regulations shall be required in accordance with the regulations of such district;

For all other uses, the following minimum requirements shall apply:

Depth of front yard: 25 feet

Depth of rear yard: 20 feet

Width of side yard: 5 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 50 feet

Depth of lot: 100 feet

Land area per dwelling unit: 6,000 square feet

Only one (1) single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations.

The following minimum height and area regulations shall be observed:

For uses authorized in the R-MF-1 district, height and area regulations of such district;

For uses authorized in the R-MF-2 district, height and area regulations shall be required in accordance with the regulations of such district; and

For all other uses, the following minimum requirements shall apply:

Height of principal structure: 2 stories or 25 feet;

Lot coverage by principal building: 40 percent of total lot area.

2.4.16

Townhouse Residential (R-TH).

In an R-TH district, no land shall be used and no building shall be erected for or converted to any use other than

Principal uses:

The following uses shall be permitted as principal uses:

Townhouse.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Governmental buildings and uses.

Public utility uses.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs, golf courses, excluding miniature golf courses and driving ranges.

Customary home occupation, provided that no person, other than a member of the family of the owner or user of the principal single-family dwelling, shall be employed or work in or at such home occupation.

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

The following uses shall be permitted as accessory uses to a single-family dwelling provided that none shall be a source of income to the owner or user of the principal family dwelling.

Private swimming pool.

Cabana, pavilion or roofed area.

Meeting, party and/or social rooms.

When any of the foregoing permitted accessory uses are attached or detached from the principal family dwelling, said use shall not be located in the area between the face of the principal structure and the front property line.

Private garages on lots having a minimum width of less than thirty (30) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks.

Parking regulations:

Provisions for parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that private garages on lots having a minimum width of less than thirty (30) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setback. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front setback: 25 feet

Depth of rear setback: 25 feet

Width of side setback: none, except:

Lots siding to a dedicated public street: 15 feet

When adjacent to property zoned in any other district than R-TH: 6 feet

Width of lot: 22 feet. *Refer to Subsection 2.4.16c) above for front loaded lots.

Depth of lot: 80 feet

Land area per dwelling unit: 2,420 square feet

Minimum distance between:

Residential structure and detached accessory buildings: 12 feet

Two (2) principal structures: 12 feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 30 feet

Lot coverage by buildings, driveways, and parking: 70 percent

Maximum distance of the width of structure within the R-TH district: 300 feet

2.4.17

Manufactured Home Residential (R-MH).

In an R-MH manufactured home district no land shall be used and no building shall be erected or converted to any use other than

Principal uses:

The following uses are permitted as principal uses for tracts of land not less than ten (10) acres in area:

Manufactured home community.

Mobile home in a manufactured home community.

HUD-code manufactured home in a manufactured home community.

Recreational vehicle in a manufactured home community.

Public and non-profit institutions of an educational, religious or cultural type, excluding corrective institutions and hospitals.

Public utility uses required to service the district.

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

Customary home occupation, provided that no person other than a member of the family of the owner or occupant of the mobile home or HUD-code manufactured home shall be employed or work in or at such home occupation.

Garage sales if conducted pursuant and in conformity with all applicable laws.

Accessory uses:

The following uses shall be permitted as accessory uses within a manufactured home community:

Manufactured home community lease space rental office.

Swimming pool no nearer than one hundred twenty (120) feet to any principal building used for a single-family residence within an R-40, R-15, R-10, R-7.5, R-6, or R-ZLa district.

Laundry room for the use of residents of the manufactured home community.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, R-6 or R-ZLa district.

Toilet and shower facilities.

Community or recreation building.

Parking regulations:

Off street parking shall be provided in accordance with the provisions of this section and other applicable ordinances of the city.

Area regulations:

The following minimum standards shall be required:

Depth of front setback: 30 feet

Depth of rear setback: 15 feet

Width of side yard: 15 feet (see Section 8.4.1, Corner Lots, as applicable)

Maximum number of single-family manufactured homes per acre: 9

Height regulations:

The following height regulations shall be observed:

Principal structure: 2 stories or 18 feet

Accessory structure: 1 story or 15 feet, if situated within 100 feet of any zoning district lines or street right-of-way, otherwise 1 story or 17 feet.

Special conditions:

There shall be provided within the manufactured home community, outside of unit plots, a separate open recreation and public service area, at a ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred fifty (250) square feet per unit for all additional units.

Outdoor swimming pool or pools may be included in satisfying this requirement, but area in front, side and rear yards may not be so utilized.

2.4.18

Extra Family Residential (R-XF).

In a R-XF extra-family district no land shall be used and no building shall be erected for or converted to any use other than:

Principal use:

The following uses shall be permitted as principal uses:

Single-family detached dwelling.

Rooming house.

Boarding house.

Nursing home.

Hospital.

Old person's home.

Sorority and fraternity house.

Boarding school.

Public and nonprofit institutions of an educational, religious or cultural type, excluding corrective institutions.

10)

Governmental buildings and uses.

11)

Public utility use.

12)

Customary home occupations provided that no person other than a member of the family of the owner or user of the principal building shall be employed or work in or at such home occupation.

13)

Garage sales if conducted pursuant and in conformity with all other applicable ordinances of the City of Irving.

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Swimming pool no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within a R-40, R-15, R-10, R-7.5, or R-6 district.

Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a developed lot in a R-40, R-15, R-10, R-7.5, or R-6 district shall be separated from said lot by a blind fence or wall at least six (6) feet high.

One unlighted sign no larger than two (2) square feet in area pertaining to a principal use.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front setback: 25 feet

Depth of rear setback: 25 feet

Width of side yard: 6 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 60 feet

Depth of lot: 100 feet

Only one single-family detached dwelling shall be permitted on each lot or lot of record as the case may be.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Height of accessory structure: 2 stories or 25 feet

Lot coverage by buildings: 40 percent

(Ordinance 2021-10431, § 1(Exh. A), adopted 3/25/2021; Ordinance 2023-10829, § 2, adopted 12/7/2023; Ordinance 2026-11221 adopted 1/14/2026)

2.5 Non-Residential Districts.

2.5.2

Non-Residential Land Use Table.

	P-O Professional office	C-O Commercial office	C-N Neighborhood commercial	C-C Community commercial	C-OU-1 Commercial outdoor	C-OU-2 Commercial outdoor	C-OU-3 Commercial outdoor	C-W Commercial warehouse	FWY Freeway	ML-20 Light Industrial 20,000 sf	ML-20a Light Industrial	ML-40 Light Industrial 40,000 sf	ML-120 Light Industrial 120,000 sf	CP Commercial Park 20,000 sf	AG Agricultural	SP Site Plan only	Conditional Use Permit (CUP)	Development Standards	Additional Requirements
Explanation of Table Abbreviations		P = Permitted by right CUP = Allowed with Conditional Use Permit Blank cell = Prohibited
COMMERCIAL USES
OFFICE/FINANCIAL
Administrative, executive and editorial offices for business, professional or industrial organizations	P	P	P	P														§ 3.4
Commercial and professional offices								P		P	P	P	P	P				§ 3.4
Financial institutions, Non-depository	P	P	P	P														§ 3.14
Financial offices such as banks, savings and loan associations, mortgage bankers and insurance offices	P	P	P	P
Office building				P					P									§ 3.4
Professional and business offices									P									§ 3.4
Professional and business services and offices completely within an enclosed building		P	P	P														§ 3.4	Excluding hotel/motel operations
Professional offices for the conduct of the following professional and semi-professional occupations: accountant, architect, attorney, dentist, engineer, insurance agent, real estate agent, personal or family counselor, chiropractor, physical therapist, physician, public secretary, surgeon; or any other office or profession which is of the same general character as the foregoing	P	P	P	P														§ 3.4	Excluding animal grooming salons, dog kennels, funeral homes, veterinarian and veterinary hospitals
Taxi dispatch office				P														§ 3.4
SALES AND SERVICE
Barber, beauty shop, cosmetologist and hairdresser			P	P														§ 3.4
Convenience store			P	P			P											§ 3.5
Day nurseries and kindergartens		P	P	P														§ 3.4
Farmers Market			P	P					P										An office or pavilion with permanent public restroom facilities shall be constructed. CUP required when within 500 feet of an "R" Single Family District, measured property line to property line.
Food and dairy markets in enclosable buildings			P	P			P			P		P	P					§ 3.4	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Furniture or appliances, used							P											§ 3.4
Mortuary and funeral home				P			P											§ 3.4
Nursery or greenhouse completely within an enclosed building			P	P														§ 3.4
Nursery or greenhouses							P											§ 3.4
Restaurant, cafe or cafeteria completely within an enclosed building			P	P					P									§ 3.4
Restaurant, drive-in						P												§ 3.4
Restaurant with alcohol sales for on-premises consumption																P		§§ 3.3, 3.4
Retail stores and uses completely within an enclosed building			P	P														§§ 3.4, 3.5; § 3.3.5c)3) for retail alcohol sales	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing	P	P	P	P														§ 3.4
Tobacco-related retail business				P
Veterinarian clinic or hospital, completely within an enclosed building			P	P														§ 3.4
Veterinarian clinic or hospital, with outside runs or boarding kennels			CUP	CUP					CUP
ENTERTAINMENT AND RECREATION
Amusement, Indoor			P	P					P										CUP required when within 500 feet of any "R" Residential District, measured property line to property line.
Amusement, Outdoor					P	P	P								P				CUP required when within 500 feet of an "R" Single Family District, measured property line to property line.
Card House				CUP					CUP									§ 3.21
Commercial Swimming Pool															P
Event Center/Rental Hall			P	P					P										CUP required when within 500 feet of any "R" Residential District, measured property line to property line and/or the total square footage of the space is greater than 2,000.
Hookah Lounge				P					P										Allowed only by CUP if within 500 feet of an "R" Single Family District.
Outdoor Theatre (Drive-In)						P									P			§ 3.4
Motion picture theater within an enclosed building				P														§ 3.4
Nightclub/Dance Hall				P					P										CUP required when within 500 feet of any "R" Residential District, measured property line to property line.
Private club			P	P					P									§ 3.4
Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges	P	P	P	P	P	P	P	P	P	P	P	P	P					§ 3.4
Public parks and recreation areas															P
Sexually oriented businesses								P		P	P	P	P					§ 3.17	Licensed and operating in compliance with chapter 42A of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.
Sport Shooting Range, Indoor				CUP					CUP	CUP	CUP
Sport Shooting Range, Outdoor															CUP
Recreation, Indoor				P					P	P	P
Theater/Concert Hall				P					P										CUP required for seating greater than2,500.
HEALTH CARE
Ambulance service				P		P
Hospitals		P		P					P									§ 3.4
Medical and dental clinics	P	P	P	P														§ 3.4
Medical and dental laboratories	P	P	P	P														§ 3.4	Not including the manufacture of pharmaceutical or other products for general sale or distribution
Nursing homes		P																§ 3.4
Prescription pharmacy	P	P	P	P														§ 3.4
LODGING
Hotel, motel																P		§ 3.10
HEAVY COMMERCIAL
Any commercial business or service not included in any of the foregoing districts				P														§ 3.4	Excluding hotel/motel operations. Such uses shall be completely enclosed within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration, and provided that no warehousing or manufacturing or treatment of products or equipment shall be permitted, except such as is clearly incidental to the conduct of a permitted use.
Auction sale, new or used goods					P													§ 3.4
Boat and marine sales and service							P											§ 3.4
Brick, marble, tile, concrete block manufacturing or sale					P													§ 3.4
Business services and merchandise displayed in an unenclosed or incompletely enclosed area							P											§ 3.4
Camper sales and camper trailer sales and service, lease and rental							P											§ 3.4
Lumber yard					P													§ 3.4
Mobile home or HUD-code manufactured home sales, storage or repair, lease and rental							P											§ 3.4
Nursery stocks, including landscaping, sales and supplies														P				§ 3.4
Pipe storage, metal or concrete to include culverts, similar material					P													§ 3.4
Plumbing supply					P													§ 3.4
Retail stores, not required to be within an enclosed building							P											§§ 3.4, 3.5	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Salvage good sales					P													§ 3.4
Self storage/mini warehouse								P		P	P	P	P	P		P		§ 3.16
Swimming pool sales or display							P											§ 3.4
AUTO-ORIENTED SERVICES
Auto repair garage, Major				P		P				P		P	P	P
Auto service center, Minor			P	P		P			P	P		P	P	P
Automobile washing business; automatic, coin-operated or moving line wash			CUP	CUP	CUP	P	CUP		CUP									§ 3.4
Automotive parts and accessories, sales and installations						P												§ 3.4
Automotive sales and service, new or used cars and trucks						P												§ 3.4	All vehicles must be in an operating condition and all open display or storage areas must be surfaced and developed in accordance with all applicable ordinances of the city.
Parking lot for passenger vehicles as a primary use	CUP	CUP	CUP	CUP	P				CUP									§ 3.4
Public or Private parking garage as a primary use	P	P	P	P					P									§ 3.4
CIVIC USES
Athletic fields, excluding stadiums														P
Cemetery																P		§ 3.22
Government buildings and uses	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Halfway House																P		§ 3.7
Public institutions and nonprofit institutions of an educational, religious or cultural type	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P				Excluding corrective institutions and hospitals
Public utility uses	P	P	P	P				P		P	P	P	P	P	P			§ 3.6
Telecommunication tower																		§ 3.19
INDUSTRIAL USES
LIGHT INDUSTRIAL
Truck or trailer rental						P
Any manufacturing, research, wholesale or storage uses except those operations such as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, batching yard, foundry type operation, material or auto salvage and/or wrecking operation or other industrial operations not listed, provided that such uses shall be contained within an enclosed building										P	P	P	P	P				§ 3.6
Aviation ground schools, excluding any aircraft or helicopter in-flight training														P
Data Center								CUP		CUP	CUP	CUP	CUP	CUP					§ 3.20
Experimental laboratories									P
Experimental testing laboratories									P
Manufacture of electric and electronic instruments and devices, such as televisions, radio and phonograph equipment									P
Manufacture of food products, pharmaceuticals and the like, except that such uses shall not include production of fish, or meat products, sauerkraut, vinegar or the like, or the rendering or refining of fats and oils									P
Manufacturing, assembly or packaging of products from previous prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones									P
Outside storage as a primary use								P		P		P	P					§ 3.19	Storage shall be completely encompassed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one foot below the top of the fence or wall.
Research, provided such uses shall be contained completely within an enclosed building and is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise, vibration, light, radio emission, radiation or any research uses detrimental to life, health or property											P			P
Storage of sand, gravel, rock or earth					P
Taxi dispatch yard						P
Warehousing completely within an enclosed building								P	P	P	P	P	P	P
Wholesale distribution facilities completely within an enclosed building								P		P	P	P	P	P
Wholesale office and business completely within an enclosed building, but excluding warehouse storage				P
HEAVY INDUSTRIAL
Air freight forwarders														P
Commercial mines, quarries, and gravel pits															P			§ 3.6	Other state regulations and city ordinances may apply.
Motor freight terminals										P		P	P
Private airports and landing strips															P			§ 3.6	Provided that the flight line for one mile on each end of the runway shall not be above an R district.
Railway passenger and freight stations										P		P	P
Trucking terminals										P		P	P
Refuse disposal services, including but not limited to landfills, incinerators, and other locations which receive garbage and refuse generated off-site for storage, treatment or disposal																P		§ 3.6
Manufacture, storage or handling of more than one hundred pounds of radioactive material or radioactive waste at one time																P		§ 3.6
Generation, handling or storage of hazardous waste as defined in Chapter 361 of the Texas Health and Safety Code																P		§ 3.6
Aviation facilities such as airports and heliports																P		§ 3.6
Sewage and waste water treatment facilities																P		§ 3.6
Heavy industries, including but not limited to, saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, permanent batching yards foundry-type operations, material or auto salvage and/or wrecking operations																P		§ 3.6
Petrochemical facilities such as terminals, refineries or tank farms, any of which have more than a one thousand (1,000) barrel storage capacity																P		§ 3.6
Railroad switching yards																P		§ 3.6
Jet engine or other engine testing facilities																P		§ 3.6
AGRICULTURAL
Agriculture, including any customary agricultural building and structure, and such uses as livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses															P
Poultry farms and dairies															P
Kennels, Outdoor															P		CUP
Riding stables															P
TEMPORARY USES
Batch plant, concrete or asphalt, temporary																		§ 1.19	Concrete mixing or batching plant uses temporarily by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, provided that such use shall not be permitted nearer than two hundred fifty (250) feet to a developed lot in a residential district.
Carnival, circus, fairgrounds																		§ 1.19
Firewood sales																		§ 1.19	For up to one hundred eighty (180) days.
Outdoor retail display and sales																		§ 1.19	Merchandise in an unenclosed or partially enclosed area located on the same property with and accessory to a retail establishment under conditions
Outdoor temporary event																		§ 1.19
Portable wireless telecommunications facilities/"cellsite on wheels" or "C.O.W."																		§ 1.19	If needed to provide service to special or seasonal events that are likely to cause a substantial but temporary increase in wireless telecommunications traffic.
Seasonal sales																		§ 1.19	Christmas trees and pumpkins; for up to forty-five (45) days
Snow cone or shaved ice stands or trailers																		§ 1.19	For up to one hundred eighty (180) days.
ACCESSORY USES
Barbers, beauty shops, cosmetologist, hairdresser		P																§ 3.1
Cafe, restaurant, or cafeteria completely within an enclosed building, not to exceed ten percent of square footage of principal structure		P																§ 3.1	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Data Center	P	P	P	P					P										§ 3.20
Day nurseries, kindergartens		P																§ 3.1
Dog kennels interior use only (no outside runs, pens, or cages)		P																§ 3.1
Employee facilities, including employee cafeteria								P		P	P	P	P	P				§ 3.1
Florist, excluding greenhouses		P																§ 3.1
Garbage storage	P	P	P	P	P	P	P		P	P	P [2]	P	P	P				§ 3.1	No nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.
Hospitals		P																§ 3.1
Mechanical equipment	P	P	P	P	P	P	P	P	P	P	P	P	P	P				§ 3.1	No nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.
Office space used in connection with a principal use								P										§ 3.1
Outside storage used in connection with a principal use									P	P	P	P	P	P				§ 3.1	Such storage shall be completely encompassed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one foot below the top of the fence or wall.
Parking of automobiles	P	P	P	P	P	P	P	P	P [1]	P	P	P	P	P				§ 3.1	Parking within sixty (60) feet of a developed lot in any "R" district shall be separated from said lot by a blind fence or wall at least six (6) feet high.
Private (nonalcoholic) clubs, not to exceed ten percent of square footage of principal structure		P																§ 3.1	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Private garage				P	P	P	P		P						P			§ 3.1
Railroad yard										P		P	P	P				§ 3.1	Such yards shall be completely encompassed, except for points of ingress/egress, by a blind fence or wall at least six (6) feet high
Retail sales if incidental to the primary wholesale use								P						P				§ 3.1	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Retail sales of goods manufactured on the premises											P							§ 3.1	No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
Roadside stand															P			§ 3.1	Not exceeding four hundred (400) square feet in floor area, for the sale of agricultural products grown on the premises
Sidewalk sales			P	P			P											§ 3.18
Swimming pool		P	P	P					P						P			§ 3.1	No nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.
Veterinarian offices (except no dogs or animals shall be kept overnight)		P																§ 3.1

Notes:
[1]	Automobile parking may be placed within the fifty-foot front yard setback and no nearer than thirty (30) feet to any street right-of-way if the parking area is screened from the adjacent right-of-way in accordance with section 4.5 "Landscaping and tree preservation".
[2]	Garbage storage no nearer than thirty (30) feet from a lot zoned for any residential use or developed lot occupied by a residence designed for occupancy by one or more families, provided that garbage storage within sixty (60) feet of such a lot shall be enclosed by a blind fence or wall, and the contents of which shall be stacked no higher than one foot below the top of the fence or wall.

2.5.4

Professional Office (P-O).

In a P-O professional office district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated.

Administrative, executive and editorial offices for business, professional or industrial organizations.

Financial offices such as banks, savings and loan associations, mortgage bankers and insurance offices.

Governmental buildings and uses.

Prescription pharmacy.

Medical and dental clinics.

Medical and dental laboratories, but not including the manufacture of pharmaceutical or other products for general sale or distribution.

Professional offices for the conduct of the following professional and semi-professional occupations: accountant, architect, attorney, dentist, engineer, insurance agent, real estate agent, personal or family counselor, chiropractor, physical therapist, physician, public secretary, surgeon; or any other office or profession which is of the same general character as the foregoing, but excluding animal grooming salons, dog kennels, funeral homes, veterinarian and veterinary hospitals.

Public institutions and nonprofit institutions of an educational, religious or cultural type, but excluding corrective institutions and hospitals.

Public utility uses.

10)

Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing.

11)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

12)

Parking lot for passenger vehicles as a primary use by CUP only.

13)

Public or private parking garage.

Accessory uses:

The following uses shall be permitted as accessory uses, provided that such use shall be located not less than twenty (20) feet from any street right-of-way.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Data Center, subject to compliance with Section 3.20.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

That a minimum of eight (8) parking spaces be provided for each development up to one thousand (1,000) square feet of floor space and that one additional space be provided for each additional three hundred (300) square feet or portion thereof.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 25 feet

Width of side yard: 10 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 60 feet

Depth of lot: 100 feet

Distance between detached buildings: 12 feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 35 feet maximum

Height of accessory use structure: 35 feet maximum

Lot coverage by buildings: 40 percent

Lot coverage by buildings, driveways, and parking spaces: 70 percent

2.5.5

Commercial Office (C-O).

In a C-O district no land shall-be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Any use permitted in a P-O professional office district subject to the regulations of this district.

Day nurseries and kindergartens.

Nursing homes.

Hospitals.

Professional and business services and offices completely within an enclosed building, excluding hotel/motel operations.

Accessory uses:

The following uses shall be permitted as accessory uses provided that such use shall be located not less than twenty (20) feet from any street right-of-way.

Swimming pool.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Minor retail sales such as cafe, restaurant, or cafeteria completely within an enclosed building, private (nonalcoholic) clubs, not to exceed ten percent of square footage of principal structure. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages. Also, day nurseries kindergartens, dog kennels, interior use only (no outside runs, pens, or cages), veterinarian offices (except no dogs or animals shall be kept overnight), hospitals, barbers, beauty shops, cosmetologist, hairdresser, and florist, excluding greenhouses.

Data Center, subject to compliance with Section 3.20.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city, provided that such not be located on a required front yard.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 25 feet

Depth of rear yard: 15 feet

Width of side yard: 10 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 75 feet

Depth of lot: 80 feet

Distance between detached buildings: 12 feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structures: One-half the shortest distance between the structure and the nearest developed lot in an R-40, R-15, R-10, R-7.5, and R-6 district, used as a single-family residence.

Height of accessory structure: Same as principal structure

Lot coverage by building: 40 percent

Lot coverage by buildings, driveways and parking spaces: 80 percent

2.5.6

Neighborhood Commercial (C-N).

In a C-N neighborhood commercial district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Any use permitted in a P-O professional office district subject to the regulations of this district.

Café, restaurant, or cafeteria. Outdoor dining shall be permitted. Except outdoor dining shall not be permitted closer than two hundred fifty (250) feet and no amplified music shall be operated within five hundred (500) feet of a single-family zoned lot, both as measured at the closest edge of the patio space of the outdoor dining service to the residential property line. This limitation does not apply when the patio is fully screened from the residential property by a permanent building or to residential zoned properties used for nonresidential purposes.

Day nursery and kindergarten.

Food and dairy markets in enclosable buildings. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

Gasoline service station.

Nursery or greenhouse completely within an enclosed building.

Private club.

Professional and business services and offices completely within an enclosed building, excluding hotel/motel operations.

10)

Veterinarian clinic or hospital, completely within an enclosed building.

11)

Barber, beauty shop, cosmetologist and hairdresser.

12)

Event Center/Rental Hall. CUP required when within 500 feet of any "R" Residential District, measured property line to property line and/or the total square footage of the space is greater than 2,000.

13)

Amusement, Indoor. CUP required when within 500 feet of any "R" Residential District, measured property line to property line.

14)

Automobile washing business; automatic, coin-operated or moving line wash; by CUP only.

15)

Farmers' market, provided that an office or pavilion with permanent public restroom facilities shall be constructed. CUP required when within 500 feet of an "R" Single Family District, measured property line to property line.

16)

Veterinarian clinic or hospital with outside runs or boarding kennels; by CUP only.

17)

Outdoor storage as a primary use, provided that such storage shall be completely encompassed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one foot below the top of the fence or wall; by CUP only.

Accessory uses:

The following uses shall be permitted as accessory uses provided that such use shall be located not less than twenty (20) feet from any street right-of-way.

Swimming pool.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a developed lot in any "R" district shall be separated from said lot by a blind

Data Center, subject to compliance with Section 3.20.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required: fence or wall at least six (6) feet high.

Depth of front yard: 25 feet

Depth of rear yard: 6 feet

Width of side yard: 6 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 75 feet

Depth of lot: 80 feet

Distance between detached buildings: 12 feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: 2½ stories or 30 feet

Height of accessory structure: 1 story or 15 feet

Lot coverage by building: 40 percent

Lot coverage by buildings, driveways and parking spaces: 90 percent

2.5.7

Community Commercial (C-C).

In a C-C community commercial district no land shall be used and no building shall be erected or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Any use permitted in a P-O professional office district or C-N neighborhood commercial district subject to the regulations of this district.

Ambulance service.

Hospital.

Automobile repair garage.

Mortuary and funeral home.

Motion picture theater within an enclosed building.

Office building.

Public storage garages.

Taxi dispatch office.

10)

Wholesale office and business completely within an enclosed building, but excluding warehouse storage.

11)

Any commercial business or service not included in any of the foregoing districts, excluding hotel/motel operations, provided that such uses shall be completely enclosed within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration, and provided that no warehousing or manufacturing or treatment of products or equipment shall be permitted, except such as is clearly incidental to the conduct of a permitted use.

12)

Hookah Lounge; allowed only by CUP if within 500 feet of an "R" Single-Family District.

13)

Event center/rental hall. CUP required when within five hundred (500) feet of any "R" Residential District, measured property line to property line and/or the total square footage of the space is greater than two thousand (2,000) square feet.

14)

Amusement, indoor. CUP required when within five hundred (500) feet of any "R" Residential District, measured property line to property line.

15)

Recreation, indoor.

16)

Nightclub/dance hall. CUP required when within five hundred (500) feet of any "R" Residential District, measured property line to property line.

17)

Theater/concert hall. CUP required for seating greater than 2,500.

18)

Sport shooting range, indoor. By CUP only.

19)

Card house. By CUP only.

20)

Tobacco-related retail business, in compliance with Section 3.23

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Swimming pool no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a developed lot in an "R" district shall be separated from said lot by a blind fence or wall at least six (6) feet high.

Data Center, subject to compliance with Section 3.20.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of the front yard: none

Depth of rear yard: none, where no windows or other openings for light face the rear yard or rear lot line. In all other cases, one of the following, whichever is least: 5 feet plus the building height at that point; or one-half the length of the side of the building at that point.

Width of side yard: none, where no windows or other openings for light face the side yard or side lot line. In all other cases, one of the following, whichever is least: 5 feet plus the building height at that point; or one-half the length of the side of the building at that point. (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 80 feet

Depth of lot: 80 feet

Distance between detached buildings: 10 feet, where no windows or other openings for light face upon the space between buildings. In all other cases, one of the following, whichever is least: 10 feet plus the sum of the two (2) building heights at those points which establish the distance between; or one-half the smallest building side forming space between.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of structure: one-half shortest distance between the structure and the nearest developed lot in an R-40, R-15, R-10, R-7.5, R-6 or A district used as a single-family residence.

Lot coverage by buildings: 50 percent

Lot coverage by buildings, driveways and parking spaces: 100 percent

2.5.8

Commercial Outdoor 1 (C-OU-1).

In a C-OU-1 commercial outdoor district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Auction sale, new or used goods.

Brick, marble, tile, concrete block manufacturing or sale.

Lumber yard.

Plumbing supply.

Pipe storage, metal or concrete to include culverts, similar material.

Parking lot for passenger vehicles as a primary use.

Salvage good sales.

Storage of sand, gravel, rock or earth.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

10)

Government buildings and uses.

11)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

12)

Amusement, outdoor. CUP required when within five hundred (500) feet of an "R" single-family district, measured property line to property line.

13)

14)

Automobile washing business; automatic, coin-operated or moving line wash; by CUP only.

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area requirements:

The following minimum dimensions shall be required:

Depth of front setback: 25 feet

Depth of rear setback: 6 feet

Width of side setback: 6 feet

Width of lot: 50 feet

Depth of lot: 50 feet

Distance between detached buildings: 12 feet

No outside storage or display shall be permitted within the required front setback area.

Height and area requirements:

The following maximum height and area requirements shall be observed:

Height of principal structure: 30 feet

Height of accessory structure: 15 feet

2.5.9

Commercial Outdoor 2 (C-OU-2).

In a C-OU-2 commercial outdoor district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Ambulance service.

Automobile washing business; automatic, coin-operated or moving line wash.

Automotive repair garage.

Automotive parts and accessories, sales and installations.

Automotive sales and service, new or used cars and trucks.

All vehicles must be in an operating condition and all open display or storage areas must be surfaced and developed in accordance with all applicable ordinances of the city.

Amusement, outdoor. CUP required when within five hundred (500) feet of an "R" single-family district, measured property line to property line.

Drive-in restaurants.

Drive-in motion picture theatre.

Gasoline service station.

10)

Taxi dispatch yard.

11)

Truck or trailer rental.

12)

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

13)

Government buildings and uses.

14)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

15)

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area requirements:

The following minimum dimensions shall be required:

Depth of front setback: 25 feet

Depth of rear setback: 6 feet

Width of side setback: 6 feet

Width of lot: 50 feet

Depth of lot: 50 feet

Distance between detached buildings: 12 feet

No outside storage or display shall be permitted within the required front setback area.

Height and area requirements:

The following maximum height and area requirements shall be observed:

Height of principal structure: 30 feet

Height of accessory structure: 15 feet

2.5.10

Commercial Outdoor 3 (C-OU-3).

In a C-OU-3 commercial outdoor district no land shall be used and no building shall be erected for or converted to any other use than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Business services and merchandise displayed in an unenclosed or incompletely enclosed area.

Boat and marine sales and service.

Camper sales and camper trailer sales and service, lease and rental.

Furniture or appliances, used.

Food and dairy markets in fully enclosable buildings. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

Mobile home or HUD-code manufactured home sales, storage or repair, lease and rental.

Mortuary and funeral homes.

Nursery or greenhouses.

Retail stores. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

10)

Swimming pool sales or display.

11)

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

12)

Government buildings and uses.

13)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

14)

Amusement, outdoor. CUP required when within five hundred (500) feet of an "R" single-family district, measured property line to property line.

15)

Automobile washing business; automatic, coin-operated or moving line wash; by CUP only.

16)

Accessory uses:

The following uses shall be permitted as accessory uses:

Private garage.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Parking regulations:

Off-street parking shall be provided in accordance with the provision of this ordinance and other applicable ordinances of the city.

Area requirements:

The following minimum dimensions shall be required:

Depth of front setback: 25 feet

Depth of rear setback: 6 feet

Width of side setback: 6 feet

Width of lot: 50 feet

Depth of lot: 50 feet

Distance between detached buildings: 12 feet

No outside storage or display shall be permitted within the required front setback area.

Height and area requirements:

The following maximum height and area requirements shall be observed:

Height of principal structure: 30 feet

Height of accessory structure: 15 feet

2.5.11

Commercial Warehouse (C-W).

In a C-W commercial warehouse district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Governmental buildings and uses.

Warehousing completely within an enclosed building.

Public utility uses.

Motor freight terminals.

Outside storage, provided that such storage shall be completely encompassed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one foot below the top of the fence or wall.

Commercial and professional offices.

Wholesale distribution facilities completely within an enclosed building.

Sexually oriented businesses licensed and operating in compliance with chapter 46 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

10)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

11)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses:

The following uses shall be permitted as accessory uses:

Office space used in connection with a principal use.

Employee facilities, including employee cafeteria.

Provisions for the parking of automobiles.

Mechanical equipment.

Retail sales, if incidental to the primary wholesale use. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area requirements:

The following minimum requirements shall be required:

Depth of front yard: 20 feet

Depth of rear yard: 6 feet

Width of side yard: 6 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 50 feet

Depth of lot: 100 feet

Distance between detached buildings: 12 feet

Height and area requirements:

The following maximum height and area requirements shall be observed:

Height of principal structure: 2 stories or 30 feet

Height of accessory structure: 1 story or 20 feet

2.5.12

Freeway (FWY).

In a FWY freeway district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Cafe, restaurant and cafeteria, including drive-in restaurant.

Experimental testing laboratories.

Experimental laboratories.

Gasoline service station.

Governmental building and uses.

Hospital.

Manufacturing, assembly or packaging of products from previous prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.

Manufacture of electric and electronic instruments and devices, such as televisions, radio and phonograph equipment.

Manufacture of food products, pharmaceuticals and the like, except that such uses shall not include production of fish, or meat products, sauerkraut, vinegar or the like, or the rendering or refining of fats and oils.

10)

Office building.

11)

Private clubs.

12)

Professional and business offices.

13)

Public and private schools.

14)

Public institutions and nonprofit institutions of an educational, religious or cultural type, but excluding correctional institutions.

15)

Warehousing completely within an enclosed building.

16)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges.

17)

Hookah Lounge, allowed only by CUP if within 500 feet of an "R" Single-Family District.

18)

19)

Amusement, indoor. CUP required when within five hundred (500) feet of any "R" Residential District, measured property line to property line.

20)

Recreation, indoor.

21)

Nightclub/dance hall. CUP required when within five hundred (500) feet of any "R" Residential District, measured property line to property line.

22)

Theater/concert hall. CUP required for seating greater than two thousand five hundred (2,500).

23)

Sport shooting range, indoor. By CUP only.

24)

Automobile washing business; automatic, coin-operated or moving line wash; by CUP only.

25)

Farmers' market, provided that an office or pavilion with permanent public restroom facilities shall be constructed. CUP required when within 500 feet of an "R" single-family district, measured property line to property line.

26)

Parking lot for passenger vehicles as a primary use; by CUP only.

27)

Public or Private parking garage as a primary use.

28)

Veterinarian clinic or hospital with outside runs or boarding kennels; by CUP only.

29)

30)

Card house. By CUP only.

Manufacturing as used in this section shall not be held to include such operations as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction material, batching yard, foundry type operation, material or auto salvage and/or wrecking operation or other industrial operation not listed.

Accessory uses:

The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any street right-of-way, except as noted in subsection 5) below.

Private garage.

Swimming pool no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an R-40, R-15, R-10, R-7.5, or R-6 district used as a single-family dwelling.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for single-family residence within an R-40, R-15, R-10, R-7.5, or R-6 district.

Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a developed lot in any "R" district shall be separated from said lot by a blind fence or wall at least six (6) feet high. Automobile parking may be placed within the fifty-foot front yard setback and no nearer than thirty (30) feet to any street right-of-way if the parking area is screened from the adjacent right-of-way in accordance with 4.5 Landscaping and Trees.

Data Center, subject to compliance with Section 3.20.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 50 feet

Depth of rear yard: none where no windows or other openings for light face the rear yard or rear lot line. In all other cases, one of the following, whichever is least: 5 feet plus the building height at that point; or one-half the sideage of the building at that point.

Width of side yard: a minimum side yard of ten (10) feet or ten (10) percent of the width of the lot, whichever is greater, but in no case more than twenty-five (25) feet. (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 80 feet

Depth of lot: 80 feet

Distance between detached buildings: 10 feet where no windows or openings for light face upon the space between buildings. In all other cases, one of the following, whichever is least: 10 feet plus the sum of the building heights at those points which establish the distance between; or one-half the smallest building side forming space between but in either event, no less than forty (40) feet.

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of structures: one-half the shortest distance between the structure and the nearest developed lot in an R-40, R-15, R-10, R-7.5, R-6 or A district used as a single-family residence.

Lot coverage by buildings: 50 percent

Lot coverage by buildings, driveways and parking spaces: 100 percent

2.5.13

Light Industrial 20 (ML-20).

In an ML-20 light industrial district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Any manufacturing, research, wholesale or storage uses except those operations such as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, batching yard, foundry type operation, material or auto salvage and/or wrecking operation or other industrial operations not listed, provided that such uses shall be contained within an enclosed building.

Railway passenger and freight stations.

Governmental buildings and uses.

Public utility uses.

Motor freight terminals.

Trucking terminals.

Automotive repair garages.

Gasoline service stations.

10)

Any use permitted in a C-W commercial warehouse district.

11)

Recreation, indoor.

12)

Sport shooting range, indoor. By CUP only.

13)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses.

The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any street right-of-way.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for residence within an "R" district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an "R" district used for dwelling purposes.

Employee facilities, including employee cafeteria.

Railroad yard, provided that such yards shall be completely encompassed, except for points of ingress/egress, by a blind fence or wall at least six (6) feet high.

Parking regulations.

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 30 feet

Width of side yard: 15 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 80 feet

Depth of lot: 150 feet

Distance between detached buildings: 30 feet

Lot area: 20,000 square feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes, or three (3) stories or fifty (50) feet, whichever is least.

Height of accessory structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes, or one story, or thirty (30) feet, whichever is least.

2.5.14

Light Industrial 20a (ML-20a).

In an ML-20a light industrial district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Any manufacturing, wholesale or storage uses except those operations such as saw and planing mills, manufacturing uses involving primary production of storage or wood, metal or chemical products from raw materials, construction materials, batching yard, foundry type operation, material or auto salvage and/or wrecking operation or other industrial operations not listed, provided that such uses shall be contained within an enclosed building.

Research, provided such uses shall be contained completely within an enclosed building and is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise, vibration, light, radio emission, radiation or any research uses detrimental to life, health or property.

Governmental buildings and uses.

Public utility uses.

Warehousing completely within an enclosed building.

Commercial and professional offices.

Wholesale distribution facilities completely within an enclosed building.

Sexually oriented businesses licensed and operating in compliance with chapter 46 of the Code of Civil and Criminal Ordinances of the City of Irving.

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

10)

Public and private noncommercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf and driving ranges.

11)

Recreation, indoor.

12)

Sport shooting range, indoor. By CUP only.

13)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses:

The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any street right-of-way:

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for residence within an "R" district.

Garbage storage no nearer than thirty (30) feet from a lot zoned for any residential use or developed lot occupied by a residence designed for occupancy by one (1) or more families, provided that garbage storage within sixty (60) feet of such a lot shall be enclosed by a blind fence or wall, and the contents of which shall be stacked no higher than one foot below the top of the fence or wall.

Employee facilities, including employee cafeteria.

Retail sales of goods manufactured on the premises. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 10 feet

Width of side yard: 10 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 80 feet

Depth of lot: 150 feet

Distance between detached buildings: 20 feet

Lot area: 20,000 square feet

Height and area regulations:

The following maximum heights and area regulations shall be observed:

Height of accessory structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes or one (1) story, or thirty (30) feet, whichever is least.

2.5.15

Light Industrial 40 (ML-40).

In an ML-40 light industrial district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Any manufacturing, research, wholesale or storage uses except operations such as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, batching yard, foundry type operation, material or auto salvage and/or wrecking operations or other industrial operations not listed, provided that such uses shall be contained within an enclosed building.

Railway passenger and freight stations.

Motor freight terminals.

Public utility uses.

Trucking terminals.

Governmental buildings and uses.

Gasoline service stations.

Automotive repair garages.

10)

Any use permitted in a C-W commercial warehouse district.

11)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses:

The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any right-of-way.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for residence within an "R" district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an "R" district used for dwelling purposes.

Employee facilities, including employee cafeteria.

Railroad yards, provided that such yards shall be completely encompassed, except for points of ingress and egress by a blind fence or wall at least six (6) feet high.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 30 feet

Width of side yard: 15 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 100 feet

Depth of lot: 200 feet

Distance between detached buildings: 30 feet

Lot area: 40,000 square feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of accessory structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes or one (1) story or thirty (30) feet, whichever is least.

2.5.16

Light Industrial 120 (ML-120).

In an ML-120 light industrial district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Railway passenger and freight stations.

Motor freight terminals.

Public utility uses.

Trucking terminals.

Governmental buildings and uses.

Gasoline service stations.

Automotive repair garages.

10)

Any use permitted in a C-W commercial warehouse district.

11)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses.

The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any street right-of-way.

Mechanical equipment no nearer than one hundred twenty (120) feet to any principal building used for residence within an "R" district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an "R" district used for dwelling purposes.

Employee facilities, including employee cafeterias.

Railroad yards, provided that such yards shall be completely encompassed, except for points of ingress and egress, by a blind fence or wall at least six (6) feet high.

Parking regulations.

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations.

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 30 feet

Width of side yard: 15 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 200 feet

Depth of lot: 300 feet

Distance between detached buildings: 30 feet

Lot area: 120,000 square feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of accessory structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes, or one (1) story, or thirty (30) feet, whichever is least.

2.5.17

Commercial Park (C-P).

In a C-P commercial park district, no land shall be used and no building erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses:

Commercial and professional offices.

Research, provided such use shall be contained completely within an enclosed building and is not noxious or offensive by reason of emission of odor, dust, gas fumes, noise, vibration, light, radio emission, radiation or any research use detrimental to life, health or property.

Wholesale distribution facilities completely within an enclosed building.

Air freight forwarders.

Warehousing completely within an enclosed building.

Aviation ground schools, excluding any aircraft or helicopter in-flight training.

Auto service and repair.

Nursery stocks, including landscaping, sales and supplies.

10)

Athletic fields, excluding stadiums.

11)

Governmental buildings and uses.

12)

Public utility uses.

13)

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

14)

Data Center, by CUP only and subject to compliance with Section 2.3.5 and Section 3.20.

Accessory uses:

The following uses shall be permitted as accessory uses elsewhere than within a front building setback and no nearer than thirty (30) feet to any street right-of-way.

Mechanical equipment no nearer than one hundred (120) feet to any principal building being used for residence within an "R" district.

Garbage storage no nearer than thirty (30) feet to a developed lot in an "R" district used for dwelling purposes.

Employee facilities, including employee cafeteria.

Railroad yards, provided that such yards shall be completely encompassed, except for points of ingress and egress, by a blind fence or wall at least six (6) feet high.

Retail sales if incidental to the principal use.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city, providing their locations are such that communications and navigation equipment or aircraft operating under instrument flight rules (IFR) will not be distorted by reflection from parked vehicles.

Area regulations:

The following minimum requirements shall be required:

Depth of front yard: 30 feet

Depth of rear yard: 10 feet

Width of side yard: 10 feet (see Section 8.4.1, Corner Lots, as applicable)

Width of lot: 80 feet

Depth of lot: 150 feet

Distance between detached buildings: 20 feet

Lot area: 20,000 square feet

Height and area regulations:

The following maximum heights and area regulations shall be observed:

Height of accessory structure: one-half the shortest distance between the structure and the nearest developed lot in an "R" district used for dwelling purposes or one story, or thirty (30) feet, whichever is least.

No structure may be erected to a height in excess of that permitted by the airport zoning ordinance which may exist at the time and whose regulations apply to the area in which the structure is being erected.

Lot coverage by buildings, driveways and parking spaces: 70 percent

(Ordinance 2021-10431, § 2(Exh. B), adopted 3/25/2021; Ordinance 2022-10650, § 3, adopted 9/15/2022; Ordinance 2023-10702, § 3, adopted 2/9/2023; Ordinance 2023-10704, § 2, adopted 2/9/2023; Ordinance 2023-10734, § 1, adopted 4/20/2023; Ordinance 2023-10734, § 2, adopted 4/20/2023; Ordinance 2023-10734, § 3, adopted 4/20/2023; Ordinance 2023-10760, § 1, adopted 6/8/2023; Ordinance 2023-10760, § 10, adopted 6/8/2023; Ordinance 2023-10760, § 2, adopted 6/8/2023; Ordinance 2023-10760, § 3, adopted 6/8/2023; Ordinance 2023-10760, § 4, adopted 6/8/2023; Ordinance 2023-10760, § 5, adopted 6/8/2023; Ordinance 2023-10760, § 6, adopted 6/8/2023; Ordinance 2023-10760, § 7, adopted 6/8/2023; Ordinance 2023-10760, § 8, adopted 6/8/2023; Ordinance 2023-10760, § 9, adopted 6/8/2023; Ordinance 2023-10829, § 3, adopted 12/7/2023; Ordinance 2023-10829, § 4, adopted 12/7/2023; Ordinance 2023-10829, § 5, adopted 12/7/2023; Ordinance 2023-10829, § 6, adopted 12/7/2023; Ordinance 2023-10829, § 7, adopted 12/7/2023; Ordinance 2023-10829, § 8, adopted 12/7/2023; Ordinance 2023-10829, § 9, adopted 12/7/2023; Ordinance 2024-10938, § 1, adopted 6/27/2024; Ordinance 2024-10938, § 10, adopted 6/27/2024; Ordinance 2024-10938, § 11, adopted 6/27/2024; Ordinance 2024-10938, § 12, adopted 6/27/2024; Ordinance 2024-10938, § 2, adopted 6/27/2024; Ordinance 2024-10938, § 3, adopted 6/27/2024; Ordinance 2024-10938, § 4, adopted 6/27/2024; Ordinance 2024-10938, § 5, adopted 6/27/2024; Ordinance 2024-10938, § 6, adopted 6/27/2024; Ordinance 2024-10938, § 7, adopted 6/27/2024; Ordinance 2024-10938, § 8, adopted 6/27/2024; Ordinance 2024-10938, § 9, adopted 6/27/2024; Ordinance 2024-11016 adopted 10/3/2024; Ordinance 2024-11017 adopted 10/3/2024; Ordinance 2025-11063 adopted 2/6/2025; Ordinance 2025-11165 adopted 8/28/2025; Ordinance 2026-11221 adopted 1/14/2026; Ordinance 2026-11238 adopted 2/12/2026)

2.6 Mixed-Use Districts.

2.6.4

Planned Unit Development (PUD).

Purposes:

The purpose of a Planned Unit Development ("PUD") is to accommodate planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial uses, service centers, shopping centers, residential developments of multiple or mixed housing, including multi-family dwellings, single-family dwellings, townhouses or any appropriate combination of uses which may be planned, developed or operated as integral land use units whether by single owner or by a combination of owners. This zoning district shall be permitted for tracts of land not less than thirty (30) acres in area.

Procedure:

The stages or procedure for a Planned Unit Development shall be as follows:

The application for PUD zoning (Subsection c below).

The submission of a development plan (Subsection d below).

Zoning of PUD districts:

Submission of application:

Any person or corporation or group of persons having a proprietary interest in any property of thirty (30) acres or more may file an application for PUD zoning.

Data to accompany application:

The application for PUD zoning shall include the following:

Metes and bounds description of the overall tract with topographic information necessary to project the natural terrain and environmental character of the site.

A written description of the existing and allowable land use surrounding the proposed PUD district.

A written description of planning assumptions and projections relating the PUD to the overall community growth and planning goals.

A plan indicating location of major and secondary thoroughfares, as proposed within the City Master Thoroughfare Plan.

A categorical listing of the total acreage for each land use related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish the area requirements as established within the zoning district. All setbacks, height, and coverage will be determined by the approved final development plan.

Indication by acreage or percentage of total development, all major areas planned for public or private common open space.

All applications with gross land area of one hundred (100) acres or less shall submit a graphic plan of proposed land use. Applications with gross land area of more than one hundred (100) acres shall have the option of filing either a graphic plan or a perimeter plan indicating land use to a depth of three hundred (300) feet around the exterior of the total site.

A written indication of the maximum number of residential dwelling units to be constructed within the total PUD district.

Staff review and recommendations:

The technical staff shall, as soon as practical, issue a written report thereon to the planning and zoning commission, a copy of which shall be furnished to the applicant.

Planning and zoning commission hearing:

The planning and zoning commission shall hold an advertised public hearing on any application for PUD zoning district prior to making its recommendation and shall report their recommendation to the city council in accordance with standard procedures for a change of zoning.

PUD Open space policy:

All open space shall be provided at a minimum ratio of .01 acre for each residential unit. For single-family or townhouse land use, the open space may be calculated including front setback areas. Private ownership of these areas is permitted, subject to the following conditions:

All private park areas shall have grounds and equipment maintained in an attractive manner comparable with the neighborhood.

Private park areas must be committed to permanent open space by deed restrictions.

Development plan:

Submission of development plan:

After the granting of PUD zoning, and as the applicant desires to develop the PUD district, or any portion thereof, he shall submit a development plan to the department of community development. If the applicant so desires, separate development plans may be submitted at separate times for portions or sub-areas of the PUD.

Contents:

The development plan shall contain the following information:

A description of the area or sub-area included in the development plan by dimensions and bearings on a scaled drawing thereof, or accurate survey with topography grades of not more than five (5) feet.

A general description of the surrounding area.

Provisions for public or private streets, alleys, storm sewers, sanitary sewers, setbacks and utility easements. Adequate provisions shall be made for maintenance of municipal utilities on private property. All easements must be reflected on the development plan indicating the following information: location, type and size, along with the volume and page number where the easement is recorded with Dallas County Deed Records.

Percentage or acreage of projected land uses either for the total area or sub-area consistent with the detailed land use as established in the zoning ordinance and referencing a specific zoning district and all relevant area requirements, including any variances requested for the use proposed.

Designation and location of open space for total site or sub-area.

Maximum number and type of residential dwelling units to be constructed in said area or sub-area.

Anticipated development schedule.

Protective and restrictive covenants, homeowners association charters, if any.

Development plans must meet the following criteria to be approved:

The acreage of a designated land use must neither exceed the maximum acreage projected for such use in the application for PUD, nor be such that all the projected minimum acreages for all uses cannot be met.

Single-family detached uses will be allowed to exceed the projected maximum acreage in the application regardless of whether such use was allowed at all. Where single-family detached uses exceed the maximum acreage, such acreage shall be charged against any other usages, regardless of whether the minimum acreage requirements can be met, save and except that the minimum requirements for open space must be met.

Development plans for multi-family uses within the PUD districts shall be accepted and processed only in those PUD districts where such use is designated in a multi-family overlay district consistent with the future land use plan map of the comprehensive plan. The acreage and number of dwelling units shall be charged against the respective category for such use but shall not exceed the maximums set forth in the PUD zoning and further, that the minimum acreage requirement for multi-family uses need not be met.

Applicant may elect to classify the development plan as a preliminary or final subdivision plat installment, provided all requirements of the subdivision ordinance are met.

Upon the filing of an application for a development plan with the department of Planning and Community Development of the City of Irving, the applicant shall pay to the City of Irving a nonrefundable application fee in accordance with the most recent schedule of fees adopted by the city council to help defray the cost of the processing required by this ordinance.

Staff review:

Upon submission of a development plan for a PUD or a sub-area thereof, the technical staff shall confer and consult with the applicant and may make recommendations to the landowner for amplification, deletion or modification thereof. After a full opportunity for consultation between applicant and the technical staff, the development plan shall be submitted to the planning and zoning commission for final action and approval.

Public notification of development plans:

All development plans shall be advertised in the same manner as the standard procedure for a change in zoning before the planning and zoning commission. Such advertisement shall include, but not be limited to, notification of property owners within two hundred (200) feet of the development plan area no less than ten (10) days prior to the planning and zoning commission public hearing, and posting of the development plan area with signage in accordance with the timing and locational requirements of section 1.11.3 (Notice). A petition of opposition signed by the owners of property within two hundred (200) feet of the development plan area shall not mandate a three-quarter (¾) vote of the planning and zoning commission to approve the development plan.

Appeals:

In the event that the applicant or an owner or owners of twenty (20) percent of the land within the two hundred (200) feet notification area objects to any action of the planning and zoning commission in connection with a development plan, he/she may file with the zoning administrator a written objection to such action within ten (10) days of the planning and zoning commission action. An applicant or landowner who files such written objection shall have the right to present such objection to the city council. Public notice for an appeal shall be the same for the city council hearing as for the planning and zoning commission hearing. At such meeting, the city council shall review the decision of the planning and zoning commission and the objection filed, and take such action as it may deem appropriate.

Amendment to PUD zoning:

If the owner/applicant of a tract or lot within an area zoned PUD desires to change the conditions, perimeter tract designations or any other provision of the PUD, the owner/applicant may submit a request to amend the PUD regulations relative to the tract or lot. In order to protect the integrity of a PUD, changes to PUD zoning shall require additional procedural steps to ensure that all potentially affected parties are notified. The following steps are required in order to amend the PUD regulations relative to a particular property within a PUD.

Regardless of the land area of the tract or lot, the applicant shall submit a development plan which incorporates all the elements required by subsection 2.6.4(d) (Development Plan) of this ordinance, and a conceptual plan showing the proposed development's land uses, the approximate acreage of each land use, preliminary street and alley layout, and open space. The applicant shall also submit a detailed written description of the proposed land uses and development regulations, including other appropriate exhibits applicable to the proposed development, which may include, but not be limited to, specific land uses, lot area, setbacks and dimensional controls, lot coverage, density or floor area ratio, height restrictions, landscaping, screening, fencing and walls, building materials and colors, architectural style, open space, street and alley standards, provisions for utilities, signage, public use areas and amenities, other thematic elements, and proposed deed restrictions. Staff may request any or all of the above information, or any other information it deems necessary to assist in analyzing the request and preparing its report to the planning and zoning commission and city council.

For all such applications, the applicant shall also submit a written narrative which cites the specific provisions of the PUD zoning with which the proposed development plan does not comply, and how the proposed development plan will be more appropriate or compatible, or yield a higher public benefit relative to development allowed under the existing PUD requirements.

Staff will process and provide public notice of the request in accordance with the standard development plan application review process, except that (1) notification of the public hearings to consider the request shall be mailed to all property owners within four hundred (400) feet of the request property and all property owner associations of which the city is aware within the PUD, and (2) at least one (1) sign shall be posted at all entrances to the PUD within five hundred (500) feet of the request property, or as directed by the community development director or designee. In order to ensure compliance with (2) above, the applicant shall provide as part of the application a vicinity map showing all entrances into the PUD within five hundred (500) feet of the request property.

Since the proposed development plan constitutes a change in the zoning conditions of the property, the request shall be forwarded from the planning and zoning commission to the city council for final consideration. The requirements for a three-fourth (¾) affirmative vote for approval shall apply the same as for any other zoning request should twenty (20) percent or more of the property within two hundred (200) feet of the request site be represented by written opposition.

New development within the boundaries of such development plan must be in compliance with all requirements and standards of the approved development plan.

The application fee for an amendment to a PUD zoning shall be the same as for a detailed site plan (S-P-1) application for the same area.

Disposition of previously approved project plans:

Project plans that were required and approved prior to July 21, 2005 shall remain in effect only in regard to the following specific provisions:

If an approved project plan includes a specific requirement for landscaping, building materials, fencing or screening, parking, additional setback, hours of operation, lighting or any other site-specific development requirement that was established as part of the public hearing process before the planning and zoning commission and/or city council, and that exceeds the minimum standards of the approved development plan, such specific requirements shall remain in effect for the existing development and any change to the existing development. Any proposed changes to those specific requirements that exceed the minimum standards of the approved development plan that were established by the project plan are subject to the submittal and approval of a new development plan for the property covered by the previous project plan.

If an approved project plan does not include a specific requirement for landscaping, building materials, fencing or screening, parking, additional setback, hours of operation, lighting or any other site-specific development requirement that was established as part of the public hearing process before the planning and zoning commission and/or city council, then any future development of that property including changes to the existing development need comply only with the standards established by the approved development plan. No project plan or revised/amended project plan shall be required prior to issuance of building permits for new development on such properties.

2.6.5

Transit-Oriented Development (TOD).

Applicability:

The transit oriented development district may be approved for any property within the corporate limits of the city any portion of which is generally within one-half (½) mile of any existing or proposed light rail transit line station or commuter rail transit line station. In addition, the planning and zoning commission and city council may consider on an individual basis any property within one-half (½) mile of an existing or proposed area personal transit (APT) system line station for inclusion into a transit oriented development. This district shall provide for the use of transit oriented development in accordance with the following guidelines.

Purpose:

The purposes of the transit oriented development district are to (1) provide guidelines for the development of property near rail transit line stations to maximize the transit opportunities and use of those facilities, and (2) provide an expedited approval process for developments that comply with these guidelines.

Definition:

For purposes of this section, transit oriented development shall be a development project that includes the following elements:

Moderate to higher density residential uses,

Located within a one-half (½) mile of an existing or proposed rail transit line station location,

Includes a mix of uses such as residential, retail, restaurant, office, hotel, entertainment, and open space,

Designed to encourage pedestrian activities, and

Shaped by transit relative to the mix and location of uses, building orientation, parking facilities, and density.

Criteria for designation as a transit oriented development:

The following criteria shall be used to determine whether a proposed development is considered to be transit oriented and thus eligible to receive transit oriented development district zoning:

The focus is on the overall development and the relationship to transit opportunities, not on the design of the individual components.

The transit station is shown to be a portal to the surrounding region, not just to the immediate area of the station. Connectivity to the surrounding area should be provided to attract others who can utilize both the transit service as well as the surrounding retail and office facilities. The streetscape going to and from the transit station is a key component.

The transit station should be a primary focus of the development with everything else radiating out from it, rather than pushed to the side.

There should be a master development plan of all the contiguous property owned by any one entity that shows both residential and nonresidential development with appropriate phasing. The master development plan should also show how the proposed transit oriented development relates and connects to adjacent properties to allow for continuation of streets, open spaces, pedestrian connections, utilities, and other features at the common property lines.

Every building does not need to be mixed-use - single use is acceptable as long as the overall development includes mixed-uses within short walking distances.

Buildings nearest the transit station and along the pedestrian access ways should have minimal setbacks and wide sidewalks which can accommodate outside dining, street vendors, public art, and sitting areas. Farther away from the transit station, traditional setbacks can be transitioned in.

The highest densities should be closest to the transit station, with densities gradually decreasing with more distance from the station.

Taller structures should be located nearest the transit station to provide the most convenience to and use of the transit options.

Open space, civic areas, and public amenities must be included in recognition of the higher densities which create the need for the open space. These can also serve as destination points within the development for residents.

10)

Access and circulation for pedestrians as well as vehicles is provided throughout the development. The pedestrian environment should be attractive and comfortable with buildings framing public spaces, safe lighting, street trees, and awnings, canopies or other types of shade producing features.

11)

Pedestrian connections and easy access to the transit station must be included and should not be overlooked when focusing on the buildings and other details.

12)

Pedestrian access also includes bicycles, skaters, and small scooters. Walking and riding trails parallel to the rail should be provided whenever possible.

13)

Not all pedestrian routes have to be parallel to streets - short cuts through open space or between buildings are acceptable.

14)

Pedestrian underpasses and/or overpasses should be provided underneath or over all major thoroughfares to eliminate the roadway barrier separating the transit station from a nearby area such as an employment center, university, retail area, civic area, residential neighborhood, or other attraction.

15)

Vehicle facilities must not dominate the pedestrian facilities.

16)

Open surface parking lots are strongly discouraged. Head-in or parallel parking along internal driveways is acceptable.

17)

Ground floor level garage parking within a multistory building must be behind storefronts or ground floor level residential units, and not directly adjacent to the sidewalk.

18)

Bicycle parking facilities are required.

Building design guidelines:

Transit oriented residential development shall include the following requirements:

Residential development shall be designed as part of an area that includes a mix of commercial uses, accessible through a pedestrian oriented environment achieved by orienting buildings to the street frontage, access to public spaces, and include street trees and lighting to provide a safe, comfortable environment.

Residential occupancies may be allowed on the first floor of a building if retail, office, or other nonresidential uses are existing or proposed on the immediately adjacent property, or across the street.

All buildings shall comply with the following building design and material guidelines:

Building massing and height:

Restrictions on minimum building height are intended to assure a minimum level of urbanity and building intensity within a transit oriented development. Buildings should be designed to allow relatively simple modifications to accommodate changing uses and occupancies over time without having to be demolished or rebuilt. The following restrictions shall apply:

Minimum building height (predominantly residential buildings): Forty-five (45) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

Minimum building height (predominantly non-residential buildings): Five (5) stories, or sixty-five (65) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

Minimum building height (civic/public/cultural buildings, exclusive of transit uses): Thirty-five (35) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

Parking garage massing: Parking garages are excluded from minimum height restrictions but are encouraged to be enclosed by the development they serve, out of public view.

Building corner treatments: Buildings shall reinforce a strong corner condition at street intersections. Angled corner clips (or other building conditions which do not form a protruding corner) are not permitted at street intersections, but may occur up to twice within the same block (between street intersections). Buildings shall be designed in accordance with City of Irving required traffic visibility triangles without compromising the corner design.

Maximum building length: Buildings shall not exceed four hundred (400) feet in length unless separated by a building break twenty-four (24) feet minimum in length with any connector being a minimum of twenty-four (24) feet behind the front façade.

Building articulation: Building façades are encouraged to have massing changes and architectural articulation that provide visual interest and texture along the street corridor. This articulation should not be applied evenly across the building façade, but rather gathered together to create a hierarchical design impact. There shall not be more than forty-five (45) linear feet of unarticulated, blank wall facing any street or public improvement.

Minimum residential windowsill height: The sill of windows within ground floor residential units are encouraged to be a minimum of fifty-four (54) inches above finished sidewalk grade. Bedroom windows are also encouraged to meet this exterior sill height as long as building code requirements are met.

Material and color requirements:

The material and color requirements described herein are intended to provide a uniform character and complimentary material relationship between buildings and promote the perception of strength and permanence of each building, while maintaining appropriate variety for design flexibility.

Primary cladding materials: The primary cladding material on exterior façades (excluding private courtyards) shall be masonry including brick, finished concrete, stone (natural and manmade), and cementitious stucco. Concrete masonry unit products are permitted within the first two (2) floors only, but must have an architectural finish surface such as split-faced, rusticated, etc.

Dominant primary cladding material: No one (1) primary cladding material may comprise more than eighty (80) percent of a building's façade. Cementitious stucco may not comprise more than fifty (50) percent of a building's façade that faces a public street.

Primary cladding material combination: No more than two (2) primary cladding materials (excluding glass windows) may be used on a building façade, with one material being dominant. Additional materials (classified as secondary cladding materials) may be used on a special architectural feature such as a tower, corner element, primary entrance articulation, etc., with a maximum of one (1) special feature per building façade. The following materials are prohibited for use as secondary cladding:

Architectural foam detailing.

ii.

EIFS.

iii.

Natural or simulated wood siding (concrete "hardy board" or its equivalent may be used on the fourth floor and above).

iv.

Exposed aluminum siding.

Plastic and vinyl siding.

vi.

Wood roof shingles.

Windows and glass: Glass may not comprise more than sixty (60) percent of a building façade. Reflective, mirrored, and spandrel glass are not permitted.

Total allowable exterior material combination: No more than five (5) exterior building materials (excluding roof material, but including primary and secondary cladding, and glass) may be used on any building.

Material transition around corners: The dominant primary cladding material shall extend around the corner to a building massing break located not less than ten (10) feet from the building corner and then extending back a minimum of two (2) feet from the terminating face.

Accent features: The following accent features add detail and are encouraged in the design of building façades:

Overhangs/eaves.

ii.

Pilasters.

iii.

Cornices.

iv.

String courses.

Window sills.

vi.

Lintels.

vii.

Rustication.

Attachments: Railings and walls attached to buildings shall complement primary building design, materials, and colors.

Accent colors: Accent colors shall be selected to complement the dominant building color, and may be applied to window mullions, cornices, and other architectural elements.

Building programming:

The following building programming requirements have been designed to create buildings that are pedestrian-oriented, take advantage of mixed-use opportunities, and engage their streetscape environment.

Sidewalk entries: Sidewalk entries to buildings shall occur at a maximum of every three (3) ground level units or seventy-five (75) feet for retail/commercial frontages. ADA requirements shall be met by internal ramping.

Sidewalk entry hierarchy: Entrances into residential buildings are encouraged to follow a hierarchy of sizes and functions as follows:

Carriage way — A centrally located twelve-foot wide entrance at sidewalk level for visual and direct access to a private courtyard.

ii.

Secondary entry — A six-foot wide entrance with ornamental entrance gate and defined by a stoop with low cheek walls and planters at the sidewalk. Mailboxes, bike racks, and trash receptacles should be grouped around these secondary entries.

iii.

Other entries — Home office and retail storefront entries which are either at grade or stooped shall be sized to accommodate specific requirements of the individual space.

Balconies: Balconies may be used in all types of development. Painted architectural metal railings are encouraged.

Retail/commercial requirement: All residential developments are encouraged to provide ground floor area for retail/commercial uses. Although these spaces may currently be used for residential units/office use, they should be designed for easy conversion to retail/commercial uses and furthermore be constructed to commercial standards. Where provided, ground floor area for nonresidential uses shall be constructed to nonresidential construction standards to a depth of a minimum of thirty (30) feet. Leasing offices, fitness centers, and related accessory uses in residential developments may count toward meeting this requirement. The retail/commercial feature may be excluded if retail/commercial uses exist or are being developed either across the street from the residential building or on the property immediately adjacent to the residential building.

Exterior illumination:

Exterior illumination discourages "dead spaces" within an urban environment. Because transit oriented development is pedestrian-oriented, illumination of buildings is encouraged to promote the safety and visual experience of all pedestrians while providing an architectural opportunity to highlight the transit oriented development area as inherently unique. Accent illumination is encouraged across all exterior building walls and for all walkways.

Parking areas:

The purpose of parking area requirements is to ensure that the parking areas themselves are not the dominant feature of the transit oriented development. These requirements severely restrict on-site surface parking (other than incidental parking in association with residential development leasing offices, or head-in or parallel spaces to support retail uses) and encourage physical consistency throughout the transit oriented development, including the appearance of parking garages.

Allowable parking: Parking areas shall be limited to structure or below grade with the exception of on-street parking and minimal surface parking areas to support retail uses or stand alone restaurants. On-street parking shall not be designated per individual business or occupancy but may count toward the minimum parking requirements for the entire structure along the adjacent frontage. Parallel parking, head-in parking along streets, and/or minimal surface parking is permitted subject to approval through the site plan or development plan process.

Parking supply: Parking areas shall be sufficient to meet all parking needs for employees, company vehicles, customers, and visitors. Nonresidential uses within one thousand (1,000) feet of the transit station may have the parking requirements reduced by twenty (20) percent from the city's standard requirements. Nonresidential uses between one thousand (1,000) feet and two thousand (2,000) feet of the transit station may have the parking requirements reduced by ten (10) percent from the city's standard requirements. These reductions do not apply toward the minimum handicapped-accessible parking requirements.

Shared parking: Shared parking is allowed as approved by the city to reduce the overall parking demand in the entire district and to capitalize on off-peak parking opportunities.

Improved pedestrian access shall be provided between structured parking facilities and public streets.

Bicycle parking facilities shall be located within fifty (50) feet of the entrance to the building they are intended to serve, shall be securely anchored, and shall hold bicycles securely with adequate support to prevent bicycles from falling over.

Façade requirements: The following requirements shall apply to parking garages:

The narrow façade of the garage is encouraged to be the exposed side.

ii.

The exposed façade(s) of the parking garage shall have an architecturally finished surface that is compatible with surrounding development.

iii.

Street-fronting openings in parking structures shall not exceed fifty-five (55) percent of the façade area. They shall be similar in appearance to adjacent development and placed in a manner that effectively screens all parked vehicles.

Driveways:

Like parking garages, driveways are not intended to dominate the streetscape of a transit oriented development. These requirements are intended to promote pedestrian-oriented design that minimizes conflict with vehicular uses. Curb cuts shall be limited to no more than one (1) per two hundred (200) feet of development street frontage. Requests for additional curb cuts beyond this amount will be reviewed and determined based on demonstrated need and safety considerations.

Material and delivery loading areas:

Material and delivery service areas, while necessary, are to be screened as completely as possible from the adjacent streets. Placement: The placement of loading or service areas shall be subject to approval as part of the site plan or development plan.

Signage:

The purpose of signage is to ensure that tenants, residents, and visitors can quickly and easily make their way to, through, and from the transit oriented development. Signage should be designed appropriately to contribute to the overall identity and way-finding system. At a minimum, all signage is to meet the requirements of the city sign ordinance with the following two (2) exceptions:

Special event banners: Banners may be mounted to a vertical support, attached to a building or parking deck, or across the street. Banners which are mounted to a vertical support may be integrated onto street and pedestrian light poles. Banners may display artwork or a message that pertains to the district or a special event.

A-frame or "sandwich" signs: The sign shall be sufficiently weighted or anchored. A-frame signs may be placed within the public right-of-way during business hours, but must be removed whenever the business is closed.

Fencing:

To promote the street-oriented, pedestrian-friendly atmosphere of the transit oriented development, fencing needs to be regulated so as not to create barriers which interfere with the desired pedestrian street and promenade experience.

Fencing scope: Fencing shall not screen the entire development. Non-permanent fencing (e.g., around outdoor dining/seating areas) may encroach into the front building setback.

Maximum length: Except for pool safety fencing, the maximum length for a fence section shall be fifty (50) feet with a minimum twenty-foot break between sections.

Materials: All fencing shall be wrought iron or steel, of compatible design with the adjacent architecture. Chain link fencing is not an allowed material.

Maximum height: Fencing height shall not exceed current city standards.

Exceptions: In areas where guardrails are required by code, they shall meet those requirements while maintaining a compatible appearance to adjacent architectural and fencing components of the development.

Screening:

The purpose for screening is to mitigate visual impact into areas which exist entirely for functional purposes and not intended to be used or seen by the public. These standards are intended to ensure that these areas do not detract from the visual quality of the surrounding environment.

Mandatory screened elements: The following items shall be screened:

Off-street loading spaces.

ii.

Service areas.

iii.

Garbage storage/material recycling areas.

iv.

Roof mechanical equipment, antennae, satellite receivers, etc. (from the public right-of-way and neighboring properties).

Garbage collection and material recycling areas: Garbage collection and material recycling areas must be incorporated into the building envelope or screened by a masonry wall at least six-feet in height, or one (1) foot higher than the tallest container it screens, whichever is higher, and shall be accessed through a decorative metal gate that screens the opening. It is encouraged that a continuous dense base planting of indigenous evergreen material that is a minimum of three (3) feet in height at the time of installation be placed in front of all screening walls to soften the vertical impact of the wall.

On-site loading/service areas: Other on-site loading and service areas shall be screened by masonry walls at least six (6) feet in height as described above, or by a continuous dense indigenous evergreen planting that is a minimum of six (6) feet in height at the time of installation.

Complementary design: All screening shall be complementary in appearance to adjacent building landscaping design approaches.

Streetscape and site landscaping:

A transit oriented development streetscape is highly urban in character with a density of pedestrian traffic. Therefore, plantings of shade trees, ornamental trees, shrubs, evergreen groundcovers, vines, and seasonal color set in paved surfaces are appropriate for front yard development. Plantings will promote entrance demarcation and pedestrian interest. Flexibility in design will be allowed as long as the intent of these guidelines is not violated. All developments within the transit oriented development district must comply with the landscaping requirements listed below and in so doing, are exempt from all other city landscape requirements currently in effect.

Responsibility: Property owners are responsible for providing landscaping and streetscape materials along all public and private streets (including on-street parallel parking islands), in addition to other on-site areas.

Front yards: Building entry zones and other special public or semi-public spaces are urban in character with a higher density of pedestrian traffic. Plantings of evergreen groundcovers and shrubs that provide vertical contrast to the sidewalk plane are preferred over grass or sod. In cases where home/office or retail is located on the ground level, a higher intensity of paving is allowable and plantings may be placed in pots or containers.

Public access easement: In order to allow continuous public flow across sidewalks throughout the transit oriented development, a series of public access easements shall be maintained along an area within twelve (12) feet from the back of curb of all streets. Non-fixed outdoor dining areas including tables, chairs, umbrellas, A-frame signs, etc., may encroach into these easements as long as a minimum six (6) foot wide continuous unobstructed pathway is maintained.

Street trees: Street trees shall conform to the following standards and be spaced between twenty-five (25) feet and thirty-five (35) feet on-center. Private streets are exempted from the below requirements but are strongly encouraged to provide similar treatment along their entire length.

Major streets.

(a)

Primary street trees — Drake Elm, Live Oak, Shumard Red Oak, Lacebark Elm

(b)

Accent street trees — Cedar Elm, Little Gem Magnolia, Texas Ash

(c)

Preferred hedge — Foster Holly

ii.

Minor streets.

(a)

Primary street trees — Live Oak, Lacebark Elm, Shumard Red Oak

(b)

Accent street trees — Cedar Elm, Little Gem Magnolia, Texas Ash

(c)

Preferred hedge - Foster Holly

Paving:

Paving is intended to highlight or accentuate special areas along the ground plane while at the same time complementing the design of adjacent building and streetscape elements.

Crosswalks: All crosswalks shall be pavers or stamped concrete. Pavers shall be installed over a concrete sub-base, and meet the minimum design rating for heavy vehicular traffic loads. All crosswalk paving must be approved by the public works department. Property owners are responsible for the cost of crosswalks across private streets only.

Sidewalk paving: Sidewalk paving along the transit oriented development primary streets and secondary streets shall include accents areas of pavers or stamped concrete comprising a minimum of thirty (30) percent of the paved walkway surface. All sidewalk paving must be installed over a subgrade approved by the public works department and shall be maintained by the adjacent property owner.

Utilities:

Transformers, switchgear, and related utility service equipment shall not be located above ground in the pedestrian access easements referenced in subsection 2.6.5(e)(3)(k)(3) above. Building service panels are to be located on the inside of all buildings.

Noise attenuation:

Buildings located near a commuter rail line station are encouraged to include noise attenuation construction techniques.

Transit oriented residential units of any type shall not be restricted as to their numbers of individual units by the zoning ordinance, any zoning district, other overlay district, or other city ordinance.

Area requirements:

Area requirements such as, but not limited to, minimum lot dimensions, density, building setbacks, height, lot coverage, and building separation and landscaping shall be determined on an individual basis as part of the approval of either a site plan zoning case or in the case of property with planned unit development (PUD) zoning, a development plan.

Open space:

A transit oriented development must include improved open space for pedestrian comfort, residents' recreational needs, and to serve as a destination point within the development. Provisions for such open space must be provided as part of any site plan or development plan application proposing either residential or nonresidential development or both. Methods for providing open space may include, but are not limited to, providing it on the applicant's property or on an adjacent tract (with the owners' consent), or the applicant may provide financial support to another property owner within one-half mile of the transit station for the open space to be developed on the other property, or payment into an open space fund maintained by the city for open space construction and/or maintenance within the transit oriented development or the surrounding area, or any other manner acceptable to the city council. In any event, the application for transit oriented development district zoning must include specific provisions for how much open space is being provided, where it is being provided, and what improvements within the open space are being provided.

Rail line right-of-way dedication:

In recognition of the fact that the densities and other provisions for transit oriented development are a direct result and a direct benefit of the construction of a rail line through or near the property proposed for such development, the owner of any property requesting approval of a transit oriented development shall be required to dedicate all required right-of-way for the rail line through the applicant's property unless the required right-of-way has already been dedicated. Without such dedication, the densities and other allowances permitted by the above guidelines will not be authorized by the city. This is in addition to all other street, alley, and/or easement dedications required by the subdivision ordinance.

Approval process:

Any property owner wishing to develop under the transit oriented development district shall submit an application for a zoning change to the transit oriented development district or, in the case of property zoned planned unit development (PUD), approval of a development plan for transit oriented development district uses.

Along with the zoning change application or development plan application, the applicant must also submit a transit oriented development plan which shall show the proposed development in context with the transit station and the connectivity to other property both within and beyond the proposed transit oriented development. The plan shall indicate the proposed uses, area requirements, building elevations and materials, open space, pedestrian facilities, landscaping, etc. A narrative and other appropriate exhibits shall be provided which explain how all the criteria for designation as a transit oriented development listed in subsection (d) above have been addressed.

The transit oriented development plan required by subsection (i)(1) above for development of a parcel of less than five (5) acres shall include all the elements required for approval of a detailed site plan (S-P-1) zoning case as described in section 2.7.3(b) of this ordinance, plus elevation drawings of all proposed buildings and detailed information regarding provisions for open space. If any portion of the property included within a transit oriented development plan of less than five (5) acres includes multifamily uses, the transit oriented development plan shall also include the total number of dwelling units, the number of one (1), two (2) and/or other bedroom units and the resulting amount of parking required and provided, the density in units per acre, and the total gross floor area for each type of use. The transit oriented development plan shall also include a proposed utility layout showing proposed easements, the placement of transformers, switchgears, pedestals, light poles and other utility infrastructure and how these relate to the pedestrian environment and the streetscape. The transit oriented development site plan required by section (i)(1) above for development of a parcel of five (5) acres or more may include all the elements required for approval of a detailed site plan (S-P-1) zoning case as described in section 2.7.3(b) of this ordinance, plus elevation drawings of all proposed buildings and detailed information regarding provisions for open space, or, as a minimum, all the elements required for approval of a generalized site plan (S-P-2) zoning case as described in section 2.7.4(b) of this ordinance, plus a concept plan of the proposed development and detailed information regarding provisions for open space. However, prior to issuance of a building permit, each proposed building within an originally approved area of five (5) acres or more without a detailed transit oriented development plan as required for a parcel of less than five (5) acres must first be approved by the planning and zoning commission and city council through the submittal of another transit oriented development plan which includes all the elements required for approval of a parcel of less than five (5) acres as described above. Since the zoning of transit oriented development district is already in place on the subject property, there shall be no requirement for notification of adjacent property owners for such transit oriented development plan.

In order to ensure the complete coordination of each proposed development and the full provision of services, the following issues shall be addressed and submitted to the public works department for approval as part of the transit oriented development plan: (a) proposed banners and/or features intended to support banners in or over the right-of-way; (b) street lighting and illumination, purchase of fixtures and long-term maintenance of fixtures; (c) sight distance data at all street and driveway intersections; (d) design standards for sidewalk and street paving accent areas and long-term maintenance of them; and (e) coordination of immediate and future utilities. The specific intent of this additional requirement is to anticipate and resolve any conflicting requirements and to ensure the ongoing health and safety of the public.

As part of the building permit review and issuance process, the director of planning and development or his/her designee may approve minor variations to an approved transit oriented development plan, provided that such variations do not: (a) change the character or configuration of the development; (b) change the intent of the planning and zoning commission and city council; (c) alter the basic relationship of the development to adjacent property; (d) change the uses permitted; or (e) grant any additional variances or exceptions to this or any other city ordinance not previously approved by the city council. The director of planning and development or his/her designee shall not be required to approve a request for a minor variation, but may choose to deny a request that he/she determines to be other than a minor variation. If an applicant disagrees with the determination of the director of planning and development regarding a minor variation, the applicant may appeal the decision to the planning and zoning commission and city council by submitting a revised transit oriented development plan. The revised transit oriented development plan shall first be presented to the planning and zoning commission for a recommendation, and then forwarded to the city council for a final determination. Since the zoning of transit oriented development district is already in place, there shall be no requirement for notification of adjacent property owners for a revised transit oriented development plan.

Multifamily developments that comply with the guidelines of the transit oriented development district shall be considered to have satisfied the requirements for a community framework plan as required in section 3.13.1 Multifamily Development Regulations.

2.6.6

Heritage Crossing District (HCD).

Introduction.

This section provides the regulatory tools for new development and redevelopment consistent with the community vision for the Heritage Crossing area.

Purpose and intent.

The purpose of the Heritage Crossing District is to implement the vision previously outlined in the adopted Downtown Development and Heritage Crossing Redevelopment districts. It facilitates pedestrian oriented, mixed-use, urban infill redevelopment, providing shopping, employment, housing, and business and personal services. The Heritage Crossing District supports economic development, a sustainable tax base, and job creation/retention by:

Providing a streamlined and simplified city approval process;

Establishing adjacency predictability in the built environment;

Offering flexibility to changing market conditions;

Reducing risk to private investment/development;

Synchronizing private investment/development with public capital investment policies; and

Calibrating zoning regulations with a vision for redevelopment within the Heritage Crossing District.

Goals.

The goals of the Heritage Crossing District are to

Promote a more functional and attractive community through the use of recognized urban design principles; and

Allow property owners flexibility in land use, while prescribing a higher level of detail in building design and form.

Relationship the Irving Comprehensive Plan.

The Heritage Crossing District seeks to implement the recommendations of the 2016 Irving Comprehensive Plan relative to Heritage Crossing, including: "Continue to enhance Irving's existing signature centers including: Heritage District." The Heritage Crossing District specifically implements the following recommendations:

Make downtown more visible to visitors and residents through entranceways, wayfinding signage and public art;

Capitalize on the location of the TRE station;

Create pedestrian connections throughout the Heritage District;

Ensure development throughout the Heritage District is compatible with existing design and supports the neighborhood as a whole;

Design retail space as a focal point of activity, offering interesting shops, quality restaurants, and essential services in attractive buildings and settings;

Ensure new office developments fit into the style and character already established by the community and neighborhood; and

Develop well-designed multifamily projects and outdoor spaces that contribute to a visually pleasing environment that supports Irving's local character and promotes social interaction and pride among its residents.

Components of this section.

The Regulating Plan.

The Heritage Crossing District regulating plan ("Regulating Plan") (Attachment 1 included with this section) is hereby adopted as the official zoning map for the Plan Area. Within any area subject to the approved Regulating Plan, this Heritage Crossing District becomes the exclusive and mandatory regulation unless modified by SP-1, SP-2 or any other more specific plan. It shall establish the following development standards for all properties within the Plan Area:

Establishment of character zones. The Plan Area is divided into different "character zones". Each character zone is intended to create a distinct urban form based on the illustrative vision for different sections within the Plan Area. Each character zone shall establish use and building form standards including standards for building height, width, location, functional design, and parking. The Regulating Plan classifies all lots within the Plan Area into one of the following three (3) character zones:

Transit Mixed-Use (TMU) - The Transit Mixed-Use Zone creates opportunities for local small scale, in-line retail and restaurant, and medium-scale urban residential (apartments, townhouses, multi-unit homes, live-work) development. This zone takes advantage of the proximity to the Trinity Railway Express by creating shared parking opportunities and focusing on urban residential, without mandating ground floor retail.

Corridor Mixed-Use (CMU) - The Corridor Mixed-Use Zone creates a vibrant, mixed-use area that leverages Irving Boulevard/Second Street as "context sensitive streets" supporting multimodal traffic, linking other regional destinations, and promoting economic development. The Corridor Mixed-Use area will serve as the primary neighborhood for commercial activity in the local community.

Neighborhood Mixed-Use (NMU) - The Neighborhood Mixed-Use Zone is intended to provide for a range of small scale residential uses (single-family, low-density apartments, live-work, townhomes, multi-unit homes, etc.) in low intensity development at key locations. It also provides for a mix of home occupation, low-impact office and neighborhood services within the zone.

Building frontage standards. Buildings along Main Street, Irving Boulevard, and 2nd Street within the Corridor Mixed-Use Zone and west of Britain Street shall be designed to balance pedestrian-oriented building design standards while accommodating service, utility, and parking functions. Specific development applications apply within the Corridor Mixed-Use Zone requirements.

Development standards.

The Heritage Crossing District text portion of this section 2.6.6 enumerates the development standards with text and graphics for character zones, frontage, building form, landscape and building design.

Administration.

Applicability.

The uses and buildings on all properties within the Heritage Crossing District shall conform exclusively to this section 2.6.6 unless otherwise specifically referenced herein.

Where in conflict, numerical metrics shall take precedence over graphic metrics.

Development review process.

Administrative modifications to the Heritage Crossing District. The director or the director's designee may approve administrative modifications to standards in this section per the criteria set in Table 1 below. A site plan shall be required for administrative review of proposed modifications.

Table 1. Administrative Modifications Table
Code Standard	Extent of Administrative Modification Permitted	Criteria
a. Building Form and Development Standards
1. Build to zones/setbacks	No more than a 20% change in the maximum or minimum setback applicable or 5 feet whichever is greater.	Changes to the build-to-zones and setbacks may only occur when they are caused by one or more of the following: i. Need to accommodate existing buildings and structures on the lot that meet the overall intent and vision for redevelopment in the Plan Area; or ii. Need to accommodate other required modes of transportation (transit, bike, pedestrian), storm water drainage, water quality, or low impact development (LID) elements on the site; or iii. Need to accommodate overhead or underground utilities and/or easements; or iv. Need to preserve existing heritage trees on the property, per subsection h) 1) Heritage Tree Preservation of this Section. This modification is not mandatory for tree preservation, but for the allowance for preservation; or v. Need to provide public amenities along the sidewalk (outdoor dining/seating, larger sidewalk, or other similar public amenities).
2. Required Parking Spaces	Reduction in the number of required parking spaces	Reduction in the number of parking spaces shall be based on one or more of the following: i. A shared parking plan for parking within 300 feet of the subject property; or ii. A parking study for the uses proposed on the site; or iii. A combination of the above.
b. Other
1. Any other numerical standard in this section	A modification up to 10% (increase or decrease)	i. A modification of a numerical standard is needed to accommodate existing conditions. ii. The proposed development still meets the intent of the section.
2. Phased Developments	Deferment of building frontage standards	i. Phased developments may defer building frontage requirements as long as they meet the build-to-zone and parking setback requirements.

Nonconforming uses.

Nonconforming uses shall meet the standards in Chapter UDC-7, Nonconformities of this ordinance.

Nonconforming structures and sites.

For the purposes of this section, a "nonconforming structure or site" means a structure or site that does not meet the current standards addressed in this section. A nonconforming structure or site may be altered or enlarged, provided that such alteration or enlargement neither creates any new nonconformity nor increases the degree of the existing nonconformity of all or any part of such structure or site. 2.6.6(i) provides examples of acceptable additions to nonconforming structures in the Heritage Crossing District.

Definitions.

Many terms used in this section are defined in Chapter UDC-9 of this ordinance. Definitions are only included in this section if not defined in the Irving Land Development Code, or if the definition for this section differs from the Irving Land Development Code. In case of a conflict between the definitions under this section and Chapter UDC-9, the definitions in this section shall supersede.

Administrative modification

shall mean a requested modification to Heritage Crossing District standards that complies with the administrative modifications provisions of section 2.6.6(c)(2) - Administration. The director shall have the authority to administratively approve a request for an administrative modification in conformance with subsection (c)(2).

Arcade

shall mean a portion of the main façade of the building that is at or near the property line and a colonnade supports the upper floors of the building. Arcades are intended for buildings with ground floor commercial or retail uses and the arcade may be one or two stories. The ground floor area within the arcade may be conditioned or non-conditioned space. Any habitable arcade space within the public right-of-way shall require legal permission from the city prior to construction.

Images of arcade buildings

Bed and breakfast

shall mean a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than eight (8) rooms for transient guests for compensation.

Build-to zone (or "BTZ")

shall mean the area between the minimum and maximum front setbacks from the property line. The principal building façade line shall be located within this area

Illustration indicating the location of the build-to zone relative to the minimum and maximum setbacks and the building façade line

Building form and site development standards

shall mean the standards established for each character zone including but not limited to building placement, building height, parking, service access, and other functional design standards.

Building façade line

shall mean the location of the vertical plane of a building nearest a street frontage.


Section View - Gallery Building	Section View - Arcade Building

Building Façade Line Illustrations

Building frontage

shall mean the percentage of a building's façade line that is required to be located within the Build-To Zone as a proportion of the lot's width along the fronting public street. Required driveways, stairs to access entrances, parks, plazas, squares, improved forecourts, and pedestrian breezeway frontages shall count towards the required building frontage.

Image showing building frontage calculation

Building step-back

shall mean the setting back of the building façade line away from the street at a specific floor or height.

Illustration of a building step-back

Character Zone

shall mean an area within the Heritage Crossing District that is intended to preserve and/or create an urban form that is distinct from other areas within the plan area. Character zones are identified in the regulating plan.

10)

Commercial use or mixed-use building

shall mean a building in which at least the ground floor of the building is built to commercial-ready standards and any of the floors are occupied by non-residential or residential uses.

11)

Commercial ready

shall mean a ground floor space constructed with appropriate building orientation, entrance and window treatment and floor-to-ceiling height in order to accommodate ground floor retail/commercial uses (including but not limited to commercial, retail, restaurant, entertainment, and lobbies for civic, hotel, or multi-family uses). Standards for commercial-ready frontage are in this section 2.6.6(g)(3). Prior to the issuance of a certificate of occupancy for a retail/commercial use in a commercial-ready space, the space must comply with all building and construction codes for commercial uses. The intent of commercial-ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/commercial uses accordingly.

12)

Complete street

shall mean a street that not only accommodates various modes of transportation such as automobiles, transit, bikes, and pedestrians, but also establishes a design context that is conducive for redevelopment along the street.

13)

Director

shall be the Planning and Community Development director or the director's designee.

14)

Encroachments

shall mean any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public right-of-way, or above a height limit.

15)

Façade area

shall mean the surface area of a building's elevation (including all floors) not counting minor indentations fronting a particular street. Ground floor façade area is the surface area of a building's ground floor elevation not counting minor indentations fronting a particular street. Upper floor façade area is the surface area of a building's upper floor elevations not counting minor indentations fronting a particular street.

16)

Gallery

shall mean a roofed promenade or canopy, especially one extending along the wall of a building and supported by arches or columns on the outer side. The gallery space is unenclosed (non-conditioned) space and may be two (2) or more stories tall. Any habitable gallery space within the public right-of-way shall require legal permission from the city prior to construction.

Images of Galleries

17)

Heritage crossing district

shall mean the zoning designation intended to implement the vision outlined in the previous Downtown Development and Heritage Crossing Redevelopment districts. It facilitates pedestrian oriented, mixed-use, urban infill redevelopment, providing shopping, employment, housing, and business and personal services.

18)

Heritage crossing regulating plan

shall mean the regulating plan shall be reflected on the official zoning map of the city and in Attachment 1 of this section. The regulating plan graphically depicts development standards including character zones, street designations, and special requirement(s) applicable to properties within the Heritage Crossing District.

19)

Heritage tree

shall mean any Post Oak tree(s), Blackjack Oak tree(s), or any tree(s) that is 24"-caliper or greater.

20)

Live-work unit

shall mean a dwelling unit that is also used for work purposes, provided that the "work" component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The "live" component may be located on the street level (behind the work component) or any other level of the building. Live-work Unit is distinguished from a home occupation otherwise defined by the Irving Land Development Code, as amended, in that the work use is not required to be incidental to the dwelling unit, non-resident employees may be present on the premises, and customers may be served on site.

21)

Multi-unit home

shall mean a multi-unit residential building (two (2) to four (4) units) that is designed to appear as a large single-family home from the exterior, but functions as a multi-unit building on the interior. Multi-unit homes have one main front door for the building, but may also have side and rear entries. Parking (as defined in this section) is accessed from an alley or a driveway leading to the rear of the lot. Parking may not face a public right-of-way.

Images of multi-unit homes

22)

Numerical standard

shall mean any standard that has a numerical limit (minimums and maximums) or value as established within both the text and graphic standards of the Heritage Crossing District.

23)

Parking setback line

shall mean the distance that any surface parking lot is to be set back from either the principal building façade line or property line along any street frontage (depending on the specific standard in the character zone). Surface parking may be located anywhere behind the parking setback line on the property.

Illustration of a parking setback line

24)

Primary entrance

shall mean the main entrance located along the front of a building facing a street or sidewalk that provides access from the public sidewalk to the building. It is different from a secondary entrance which may be located at the side or rear of a building providing private-controlled access into the building from a sidewalk, parking or service area.

25)

Public space

shall mean publicly-accessible open space in the form of parks, courtyards, forecourts, plazas, greens, playgrounds, squares, etc.

26)

Residential use building

shall mean a building that is built to accommodate only residential uses on all floors of the building such as a detached single-family home, attached single-family home (i.e. townhome), two-or three-family home (i.e. duplex, triplex), multiple family (four (4) or more), apartment building (under single ownership or under multiple owners within a condominium regime).

27)

Service-related uses

shall mean parking access, garbage/trash collection, utility meters and equipment, loading/unloading areas, and similar uses which support the principal use on a lot.

28)

Street screen

shall mean a freestanding wall, living fence, or combination fence built along the frontage line or in line with the building façade along the street. It may mask a parking lot or a loading/service area from view or provide privacy to a side yard and/or strengthen the spatial definition of the public realm.

Schedule of permitted uses.

Applicability.

Due to the emphasis on urban form over land uses in the Heritage Crossing District, general use categories have been identified by character zone (Table 2).

Table 2. Heritage Crossing District Land Use Table
P = Permitted — = Prohibited P/AC = Permitted with Additional Criteria CUP = Permitted by Conditional Use Permit Only
Uses	Character Zones			Additional Criteria
Uses	Transit Mixed-Use (TMU)	Corridor Mixed-Use (CMU)	Neighborhood Mixed-Use (NMU)	Additional Criteria
a. Residential Uses
1. Duplex	—	P	P
2. Multi-family residential (greater than 8 units)	P/AC	P/AC	—	Ground Floors along Main Street and Irving Boulevard shall be built to Commercial Ready Standards.
3. Multi-unit home (2 to 4 units)	—	P/AC	P/AC	i. Building shall be designed to appear as one home with one front door. ii. Additional doors may be used on the side and rear to meet required access. iii. Parking shall be located in the rear of the lot and shall be accessed from an alley or by a driveway leading to the rear.
4. Multi-unit residential (5 to 8 units)	P/AC	P/AC	—
5. Single-family residential (Detached)	—	P/AC	P	Allowed adjacent to 6th Street or South of 6th Street and South of 2nd Street.
6. Townhouse	P/AC	P	P	Used for transition from existing single-family detached areas.
b. Commercial uses
1. Admin and business offices	P	P	P
2. Art gallery	P	P	P
3. Art workshop	P	P	P
4. Bed & breakfast	—	P	P
5. Business or trade school	P	P	—
6. Commercial off-street parking as a primary use	CUP	CUP	—	New surface parking lots shall be permitted as an interim use of property if they are part of a phased development or providing public parking pending area development.
7. Construction sales and services office (not to include equipment or materials storage yard)	P	P	—
8. Financial services/depository	P	P	—
9. Food preparation/catering	P	P	—
10. Funeral services	P/AC	P/AC	P/AC	i. Pick-up and drop-off lanes, storage of vehicles, service areas, and drive through facilities shall NOT have direct frontage along Main Street, Irving Boulevard or 2nd Street. ii. All such areas along other streets shall be screened with a required street screen (see subsection (h)(2) of this section for landscape screening standards).
11. General retail sales	P	P	—
12. Grocery store	P	P	—
13. Hotel/motel	P	P	—
14. Commercial amusement - Indoor	P	P	—
15. Commercial amusement - Outdoor	P	P	—
16. Laundromat/dry cleaning	P	P	—
17. Medical offices - greater than 3,000 SF (including wellness clinics)	P	P	—
18. Medical offices — 3,000 SF or less (including wellness clinics)	P	P	P
19. Pawn shop services	P	P	—
20. Printing and publishing	P	P	—
21. Professional office	P	P	P
22. Restaurant	P	P	P
23. Vehicle rentals	CUP	CUP	—	i. Drive through lanes, service bays, and/or gas station canopies shall meet the design standards in subsection (g), Building Design Standards of this code. ii. Outdoor storage of vehicles or other products sold shall NOT have direct frontage along pedestrian frontages. Outdoor storage of vehicles and/or other products sold shall be screened with a required street screen along General Streets (see subsection (h)(2) of this section for standards).
24. Vehicle Repair Services	CUP	CUP P/AC (east of Britain only)
25. Vehicle sales	CUP	CUP P/AC (east of Britain only)
26. Vehicle washing (of any type)	CUP	CUP P/AC (east of Britain only)	—
27. Veterinary services	P	P	—
28. Any use with a drive through window or drive up service (including banks and financial institutions; pharmacy; dry cleaning and pressing shop; funeral homes and mortuaries; retail store; restaurant)	P/AC	P/AC	—	i. Drive through or drive-up facilities shall meet the design standards in subsection (g)(4) of this code.
29. Event Center/Rental Hall	P	P	—	CUP required when within 500 feet of an R Single Family District, measured property line to property line and/or the total square footage of the space is greater than 2,000.
30. Theater/Concert Hall	P	P
31. Farmers' Market	P	P	—	An office or pavilion with permanent public restroom facilities shall be constructed.
c. Civic uses
1. Assisted living	P	P	—
2. Club or lodge	P	P	P
3. College or University facilities	P	P	P
4. Communication service facilities	P	P	P
5. Counseling services	P	P	P
6. Day care services	P/AC	P/AC	P/AC	Drive through, driveway, stacking, loading and parking plan subject to site plan approval.
7. Governmental uses	P	P	P
8. Hospital services	P	P	—
9. Local utility service	P/AC	P/AC	P/AC	i. Outdoor storage of fleet vehicles, service areas, utility boxes and equipment shall NOT be permitted located along Main Street, Irving Boulevard or 2nd Street. ii. All such areas along other streets shall be screened with a required street screen (at least as high as the equipment being screened) (see subsection (g) of this section for standards).
10. Maintenance & service facilities	P/AC	P/AC (east of Britain only)	—
11. Major utility facilities	P/AC	P/AC (east of Britain only)	—
12. Museum, art gallery and related cultural services	P	P	P
13. Park & recreation services	P	P	P
14. Postal facilities	P	P	P
15. Private education/charter school	P/AC	P/AC	P/AC	Drop off and loading study required in site plan process
16. Public education	P/AC	P/AC	P/AC	Drop off and loading study required in site plan process
17. Community garden	P	P	P
18. Railroad facilities	P	—	—
19. Religious assembly	P	P	P
20. Telecommunication tower	P/AC	P/AC	P/AC	Subject to § 3.9 and located on top of a building or architectural component only
21. Transportation terminal	P	P	—
d. Industrial Uses
1. Manufacturing	CUP	CUP	—
2. Warehousing	CUP	CUP	—
3. Outside Storage	CUP	CUP	—
4. Construction sales and services office with equipment or materials storage yard	CUP	CUP	—
e. Other Uses
1. Sexually-oriented businesses	—	—	—
2. Non-depository financial institutions	—	—	—

Building form and site development standards.

All parcels within the Heritage Crossing District are assigned to one (1) of three (3) character zones:

Transit Mixed-Use (TMU)

Corridor Mixed-Use (CMU)

Neighborhood Mixed-Use (NMU)

In addition to standards that apply to all character zones, building form and site development standards applicable to each character zone are described below in subsections (f)(10), (f)(11), and (f)(12).

The images and graphics in the first subsection of each character zone standards are provided for illustrative purposes only. Refer to the standards in the following subsections for the specific building form and site development standards.

The graphics used to illustrate the building form and development standards in each character zone are not intended to indicate exact conditions within each character zone. Rather, illustrations are conceptual and standards are to be applied based on the specific frontage types designated along the subject property or site. For example, a specific site may not have frontages along all streets as indicated in the illustrations and only the standards applicable to designated building frontages on the property should be used. In addition, the illustrations may depict other site elements to establish context and only the standards regulated by the specific subsection shall apply. For example, the building placement graphics may depict sidewalks for context purposes only and the graphic should only be used to establish standards for building placement on the site. Building form graphics in this section are NOT TO SCALE .

Parking and service access.

Location of parking (both structured and surface) shall be per the character zone specific building form standards found in subsections (f)(10), (f)(11), and (f)(12).

Minimum required off-street parking spaces shall be provided per Table 3.

Table 3. Parking Ratios
Character Zone	TMU	CMU	NMU	Additional Criteria
Min. Off-Street Vehicular Parking Requirement
All Non-Residential uses and ground floor Commercial-Ready spaces	1 space per 500 sq.ft. of building area	1 space per 300 sq.ft. of building area	1 space per 350 sq.ft. of building area	1. Off-site parking may be provided per Subsection 4.4.3. 2. Landscaping within surface parking lots shall meet standards in the Irving Land Development Code. 3. A shared parking plan or alternative parking plan may be approved by the director as an administrative modification. 4. On-street parking located along the subject block on any public street adjacent to the property may be counted towards the required off street parking. 5. No off-street parking required for retail, restaurant, or office uses on Main Street between Rock Island and Third Street.
Multi-Unit Residential (5 to 8 units) and Multi-Family Residential (greater than 8 units)	1 space per dwelling unit	1 spaces per dwelling unit	1.5 spaces per dwelling unit
Lodging	0.5 space per lodging room
Single-Family Residential, Townhouse, Multi-Unit Home (2 to 4 units)	2 space per dwelling unit	2 space per dwelling unit	2 spaces per dwelling unit
Min. Bicycle Parking Requirement (in Addition to Vehicular Parking)
All uses	1 space required for every 10 provided automobile spaces (Minimum of two)	1 space required for every 10 provided automobile spaces (Minimum of two)	not required	Location of bicycle parking: For retail and commercial ready buildings, 25% of all provided bicycle parking shall be located within 50 feet of a primary building entrance. Location shall be accessible from a public sidewalk.

Driveway and service access.

Along Main Street, Irving Boulevard and 2nd Street: driveway spacing shall be limited to one (1) driveway per each block face or per two hundred (200) feet of block face for blocks greater than four hundred (400) feet in length, including any existing alleys.

Shared driveways, joint use easements or joint access easements shall be required for adjoining properties when driveway and service access is off of Main Street, Irving Boulevard or 2nd Street.

Service and loading/unloading areas shall be screened per standards in subsection (g)(4).

Front-loaded garages on residential lots less than forty (40) feet wide shall not be allowed. Townhomes shall utilize garages with access from alleys.

The director may administratively grant exceptions to the provisions of this section in cases where the director determines meeting the provisions of this section are impractical or represent an unreasonable hardship.

Street screen requirements.

Any lot frontage along Main Street, Irving Boulevard and 2nd Street with surface parking shall be defined by a Street Screen. This required Street Screen shall be located at the street edge of the Build-to Zone. Refer to the subsection (h) landscape standards in this section for other specifications.

Measuring heights.

Chimneys, vents, elevators, stair enclosures, cupolas, domes, steeples, screened HVAC equipment, other mechanical enclosures, tanks, solar energy systems, and similar elements are exempt from the height limit. Mechanical and utility equipment shall be set back from the façade line in order to minimize visibility from the street.

Internal building height shall be measured from finished floor to the bottom of the structural members of the ceiling.

Floor-to-floor heights shall not apply to parking structures, government, educational, or religious buildings.

Encroachments and overhangs.

Encroachments into public right-of-way by canopies, awnings, temporary barriers or patio dining shall require legal permission of the city and shall meet the following criteria.

Maximum of fifty (50) percent of the depth of the sidewalk or ten (10) feet (whichever is less).

Minimum vertical clearance from the finished sidewalk shall be eight (8) feet.

In no case shall an encroachment be located over an on-street parking or travel lane.

Outdoor dining may also be placed on the sidewalk as long as ADA required clear space is maintained.

Overhangs within required setbacks: Canopies, awnings, galleries, and balconies may be within any required setback areas per standards established in each character zone as long as the vertical clearance is a minimum of eight (8) feet from the finished sidewalk elevation.

Phased developments.

Due to the infill nature of development within the Heritage Crossing District, certain building form and site development standards may be deferred for phased development projects meeting the following criteria:

Submission of a site plan that illustrates how development and any related private improvements will be phased over time. Each phase of the site plan shall independently comply with all applicable standards of the Heritage Crossing District unless an administrative modification is granted.

Required private landscaping and open space amenities must also be phased with the building.

10)

Corridor Mixed-Use Zone (CMU).

Illustrations and intent. The Corridor Mixed-Use Zone creates a vibrant, mixed-use area that leverages Irving Boulevard/Second Street as "context sensitive streets" supporting multimodal traffic, linking other regional destinations and promoting economic development. The Corridor Mixed-Use area will serve as the primary neighborhood commercial activity area for the local community.

(b) Building Placement

(i) Build-to Zones (BTZ) and Setbacks (Distance from property line to edge of the zone)
1. Front: Along Main Street, Irving Boulevard and 2nd Street	0 foot min. setback - 25 foot max. setback	A
2. Front: Along all other streets	0 foot min. setback - 30 foot max. setback 75 foot max setback if parking is in front	B
3. Side	0 foot min. setback; no max. setback	C
4. Rear	0 foot min. setback; no max. setback	D
(c) Building Height

(i) Principal Building Standards
1. Building maximum	● 3 stories or 45 feet (whichever is less)	A
2. First floor height	● 12 foot min. for all buildings along Main Street, Irving Boulevard and 2nd Street ● 10 foot min. for all other streets	B
3. Upper floor(s) height	● 9 foot min.	C
(ii) Accessory Building Standards
1. Accessory buildings shall meet the standards for principal building standards in the Corridor Mixed-Use Zone.
(d) Parking & Service Access
(i) Surface Parking Setbacks (with new buildings)

1. Main Street, Irving Blvd. and 2nd Street	● Shall be located behind the principal building along that street frontage.	A
	● 3 feet behind the building façade line along that street.	B
	● See subsection (h) for screening requirements.
2. All other streets	● Shall be located behind the principal building along that street frontage.	C
	● If no building is located along the street frontage; then surface parking shall be setback a minimum of 3 feet from the property line.
3. Side	● 0 foot min.	D
4. Rear/Alley	● 0 foot min. from property line or alley edge	E

11)

Transit Mixed-Use Zone (TMU).

Illustrations and intent. The Transit Mixed-Use Zone creates opportunities for local small scale, in-line retail and restaurant, and medium scale urban residential (apartments, townhouses, multi-unit homes, live-work) development. It also takes advantage of the proximity to the Trinity Railroad Express Station by creating shared parking opportunities and focusing on urban residential, without mandating ground floor retail.

(b) Building Placement

(i) Build-to Zones (BTZs) and Setbacks (Distance from property line to edge of the zone)
1. Front	5 foot min. setback - 30 foot max. setback 75 foot max setback if parking is in front	A
2. Side	0 foot min, no max. setback	B
3. Rear	0 foot min.; no max. setback	C
(c) Building Height

(i) Principal Building Standards
1. Building maximum	● 6 stories or 75 feet (whichever is less)	A
2. First floor height	● 12 foot min. for all buildings facing a public space.	B
	● 10 foot min. for all other frontages.
3. Upper floor(s) height	● 9 foot min.	C
(ii) Accessory Building Standards
1. Accessory buildings shall meet the standards for principal building standards in the Transit Mixed-Use Zone.
(d) Parking & Service Access
(i) Surface Parking Setbacks

1. Street Frontage	● Shall be located behind the principal building along that street frontage.; or	A
	● Min. 3 feet behind the building façade line along that street	B
	● See subsection (h) for screening requirements.
2. Side	● 0 foot min.	C
3. Rear	● 0 foot min from property line or alley edge	D
(ii) Structured Parking or Below Grade Parking Setbacks

1. Primary façade	● Shall be located behind the principal building along that street frontage; or	E
	● Ground floor: min. of 30 feet from the property line
	● Upper floors: may be built up to the building façade line
2. Secondary Façade	● May be built up to the building façade line; or
	● If no building is located along the street frontage; then the structured parking shall meet the minimum setback standards along that façade.
3. Side	● 0 foot min	F
4. Rear	● 0 foot min at property line or alley edge	G
(iii) Partially Below Grade Parking
1. May be built up to the building façade line along all streets

12)

Neighborhood Mixed-Use Zone (NMU).

Illustrations and intent. The Neighborhood Mixed-Use Zone is intended to provide for a range of small scale residential uses (single-family, low-density apartments, live-work, townhomes, multi-unit homes, etc.) in low intensity development at key locations. It also provides for a mix of home occupation, low-impact office and neighborhood services within the zone.

(b) Building Placement

(i) Build-to Zones (BTZs) and Setbacks
1. Front	10 foot min. setback; no max. setback	A
2. Side Adjacent to Single-Family detached residentially zoned lot	5 foot min. setback; no max. setback	B
3. Rear Adjacent to Single-Family detached residentially zoned lot	5 foot min. setback; no max. setback	C
(c) Building Height

(i) Principal Building Standards
1. Building maximum	● 3 stories or 45 feet (whichever is less)	A
2. First floor height	● 10 foot min. for all frontages	B
3. Upper floor(s) height	● 9 foot min.	C
(ii) Accessory Building Standards
(a) Shall be regulated per city standards for accessory buildings
(d) Parking & Service Access
(i) Residential Parking Setbacks

1. All Frontages	● Shall be located behind the principal building along that street frontage; or	A
	● Min. 3 feet behind the building façade line along that frontage; 22 foot minimum from the property line	B
2. Side/Rear	● 5 foot max; no parking permitted on driveway, or	C
	● 22 foot min; parking permitted on driveway	D

Building design standards.

Building Orientation and Entrances for Commercial Use, Mixed-use and Multi-family Buildings.

Buildings shall be oriented towards Main Street, Irving Boulevard and 2nd Street, where the lot has frontage along those streets. If a building has no frontage along these streets, then it shall front a street or civic space.

Primary entrances to buildings shall be located on the street along which the building is oriented. At intersections, corner buildings may have their primary entrances oriented at an angle to the intersection. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from parking areas or alleys.

Primary Entrance Design: Primary building entrances along pedestrian frontage shall consist of at least two of following design elements so that the main entrance is architecturally prominent and clearly visible from that street:

Architectural details such as arches, friezes, awnings, canopies, arcades, tile work, murals, or moldings; or

Integral planters or wing walls that incorporate landscape or seating elements; or

Prominent three-dimensional, vertical features such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets; or

A repeating pattern of pilasters projecting from the façade wall by a minimum of eight inches or architectural or decorative columns.

Figure showing required building orientation and location of primary entrances

Examples of Primary Entrance Designs

Façade Composition.

Commercial Use, Mixed-use, and Multi-family Buildings.

Façades greater than 60 feet in length along Main Street, Irving Boulevard and 2nd Street (West of Britain) shall meet the following façade articulation standards.

Include façade modulation such that a portion of the façade steps back or extends forward with a depth of at least 24 inches; and

ii.

The distance from the inside edge of a building projection to the nearest inside edge of an adjacent projection shall not be less than 20 feet and not greater than 60 feet.

Images showing examples of appropriate building articulation

Façade Transparency Requirements.

All façades shall meet the minimum requirement for façade transparency (percentage of doors and windows) as established in Table 4 below. Ground floor windows and doors along Main Street, Irving Boulevard, 2nd Street façades shall have a rated visible transmittance (VT) of 0.6 or higher.

Table 4. Required minimum window requirement by use
Use and Floor	Requirement
Commercial Use or Mixed-use Buildings
Ground Floor	40% (min.)
Upper Floor(s)	20% (min)
Residential Use Buildings
Ground Floor	20% (min.)
Upper Floor(s)	15% (min.)

Images showing appropriate transparency required along pedestrian frontages

Single-family Residential Use Buildings.

At least one of the following shall be added along single-family residential use building façades to add pedestrian interest along the street:

Porches;

ii.

Stoops;

iii.

Eaves; or

iv.

Balconies.

Windows and doors. All building façades of single-family residential use buildings shall meet the transparency requirements established in Table 4.

Residential buildings with porches, fencing, balconies, and stoops to add interest along the street.

Commercial-ready Standards for Commercial Use, Mixed-use and Multi-family Use Buildings.

Ground floors of all buildings within Corridor Mixed-Use Zone along Main Street, Irving Boulevard and 2nd Street shall be built to commercial-ready standards. Such ground floor space shall be constructed to accommodate, at a minimum, commercial uses. In addition, the following standards shall apply:

An entrance that opens directly onto the sidewalk according to subsection (g)(1);

A height of not less than 12 feet measured from the entry level finished floor to the bottom of the structural members of the ceiling;

Minimum leasable width of 20 feet wide;

A front façade that meets the window glazing requirements; and

Off-street surface parking shall be prohibited between the sidewalk and the building along Main Street, Irving Boulevard and 2nd Street (west of Britain).

Illustration showing application of Commercial Ready Frontage Requirements

Design of automobile related building and site elements.

Where permitted under subsection (e), Schedule of permitted uses, drive-through lanes, auto-service bays, and gas station canopies for commercial uses shall not be located with frontage along Main Street, Irving Boulevard and 2nd Street (west of Britain). Drive-through lanes may be permitted along all other streets or alleys. Drive-through lanes, auto-service bays, and gas station canopies shall be hidden behind a three (3) feet high street screen along all streets.

No more than sixty (60) percent of a lot's frontage along a street may be dedicated to drive through lanes, canopies, service bays, and other auto-related site elements. There shall be no such limitation along alleys.

Image illustrating the appropriate design of auto-related site elements along streets other than Main Street, Irving Boulevard and 2nd Street (west of Britain)

Any automobile-related retail sales or service use of a site or property shall have a primary building entrance along its frontage.

Drive through access may be from a street only if the lot has no access to any alley frontage.

Image illustrating the appropriate design of retail/restaurant drive-throughs (Corner Lot)

All off-street truck loading and unloading areas shall be screened using a street screen that is at least as tall as service equipment. The street screen shall be made up of (i) a living screen or (iii) a combination living and primary building material screen.

Design of parking structures.

The amount of street frontage devoted to a parking structure shall be minimized by placing the shortest dimension(s) of the parking structure along the street edge(s).

Where above ground structured parking is located at the perimeter of a building with street frontage, it shall be screened in such a way that cars on all parking levels are appropriately screened from view. Architectural screens shall be used to articulate the façade, hide parked vehicles, and shield lighting. Parking garage ramps shall not be visible from any street.

Illustrative Examples of Parking Garage Screening

Garage parking in a multi-story building shall be behind storefronts or residential units facing any street frontage in order to substantially inhibit and shield views of the garage from adjacent streets.

Ground floor façade treatment (building materials, windows, and architectural detailing) shall be continued to the second floor of a parking structure along all streets.

Images showing required façade treatment of parking garages along streets

When parking structures are located at street intersections, corner emphasizing elements (such as towers, pedestrian entrances, signage, glazing, etc.) shall be incorporated.

Parking structures and adjacent sidewalks shall be designed so pedestrians and bicyclists are clearly visible (through sight distance clearance, signage, and other warning signs) to entering and exiting automobiles.

Images showing appropriate design of Parking Structures

Landscape standards.

Heritage tree preservation.

Preservation of existing trees that are twenty-four (24) inch caliper or larger is a high priority and is considered essential in both new development and redevelopment. Developers will be provided a 1.5 to one (1) credit toward the landscaping requirement for new development for preservation of such trees; i.e. keeping one (1) twenty-four (24) inch caliper tree counts towards planting thirty-six (36) inches of new trees. Post Oak and Blackjack Oak trees are considered relic trees worthy of additional protection. Developers will be provided a two (2) to one (1) credit toward the landscaping requirement for new development for preservation of Post Oak and Blackjack Oak trees of at least six (6) inch caliper.

Prior to development or redevelopment of any property, the developer shall prepare and submit to the city a detailed tree survey of the property indicating the location, size, and species of all existing trees six (6) inch caliper or larger measured twelve (12) inches above grade. The developer shall also provide a site plan showing the proposed development overlaying the tree survey indicating which trees are proposed to be removed and which trees will be preserved, along with a table indicating the number of trees and caliper inches proposed to be removed and proposed to be preserved.

Where practical and reasonable, existing trees shall be preserved. Where it is not practical or reasonable, a tree may be removed if it is in the footprint of a new building or the driveway or parking area of the new building. Trees outside those areas shall be preserved, and if damaged during construction, or if they die within two (2) years of construction, shall be replaced in addition to the required landscaping on the site, with an equal number of caliper inches at the same location if practical or other locations within the Heritage Crossing area. If a developer attempts to preserve a tree within five (5) feet of the building, driveway or parking area, or within an easement or within five (5) feet of an easement, no credit will be given, but mitigation will not be required if the tree fails to survive.

An existing tree that is approved for removal shall not be removed from the property until a building permit has been issued, and development of the site is imminent as evidenced by executed construction-related contracts or other documents acceptable to the director. If a protected tree is removed contrary to the provisions of this subsection (h), the owner of the property from which the tree was removed shall make a payment into a special city account to be known as the Heritage Crossing District Tree Fund. The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived by the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree and Landscape Appraisers, unless another publication is designated by the Director. If more than one (1) tree is removed, the values of the trees are added when calculating the payment required. The required payment diminishes equally within each inch replaced through the following alternative approach: the owner of the property from which a tree was removed may mitigate the loss of the tree by the planting of an equal number of caliper inches of new trees with a minimum caliper of six (6) inches each at a location approved by the director within the boundaries of the Heritage Crossing District.

Screening standards.

Street screen requirements. Any frontage along Main Street, Irving Boulevard and 2nd Street (west of Britain) with surface parking at the Build-to Zone shall have a street screen that has a minimum height of three (3) feet and a maximum height of four (4) feet. Furthermore, along all streets (except alleys), service areas shall be screened in such a manner that the service area shall not be visible to a person standing on the property line on the far side of the adjoining street. Required street screens shall be of one of the following:

The same building material as the principal structure on the lot; or

A vegetative screen composed of shrubs planted to be opaque at maturity; or

A combination of the two.

The required street screen shall be located at the minimum setback line along the corresponding frontage.

Street screens cannot block any required sight triangles along a cross street or driveway.

Street screens may include breaks to provide pedestrian access from any surface parking or service area to the public sidewalk.

Illustration showing required street screen along all frontages without a building within the BTZ

All roof mounted mechanical equipment (except solar panels) shall be screened from view of a person standing on the property line on the far side of the adjoining street. The screening material used shall be the same as the primary exterior building material used.

Illustration showing required screening of roof and ground mounted equipment

Changes to nonconforming structures.

The following illustrations shall provide guidance to property owners on the allowed and prohibited modifications to existing nonconforming structures and sites within the Heritage Crossing District.

Allowable additions.

The following illustrations show potential allowable additions to nonconforming structures and sites. Additions shall meet the build-to-zone standards of the character zone they are located in.

Non-allowable additions.

The following illustrations show potential non-allowable additions to nonconforming structures and sites since the additions do not comply with the build-to zone standards of the character zone.

2.6.7

High Intensity - Mixed-Use District (HI-MU).

Purpose and intent.

It is the purpose of the High Intensity-Mixed-Use District ("HI-MU" or "District") to create an identifiable multi-use area that encourages development containing a concentrated mix of land uses in the same structure or in close proximity. The goal is to create an exciting, engaging, and successful environment that maximizes the value and location of property within the Planned Unit Development (PUD 6) zoning district.

The HI-MU District should include major economic generators with a regional or greater market draw such as high-end retail centers, major employers, restaurants, entertainment, hotels, and dense office development. The HI-MU District could also include a broad mix of complementary uses that encourage leisure and tourism activities, such as entertainment offerings, accommodations, high-density residential, civic and public facilities, parks, and open space.

The HI-MU District should be developed to the highest standards in a pedestrian-oriented form that creates quality public places with a safe and efficient sidewalk and street system. The standards of the HI-MU District should provide predictable and consistent administrative procedures that encourage high-quality, sustainable development, flexibility for creative design, and regulatory clarity for current and future property owners and businesses.

Permitted uses.

The following uses shall be permitted within the HI-MU District:

Amusement, indoor.

Arena.

Auto rental, if autos are stored within a building or parking garage.

Business service.

Civic/government uses, including emergency services.

Convention center.

Food truck park.

Gasoline sales and/or electric vehicle charging station.

Heliport/air taxi pad.

10)

Hotel.

11)

Hotel with condominiums.

12)

Multifamily rental units/condominiums.

13)

Museum and cultural facilities.

14)

Office.

15)

Personal service such as a hair salon or spa.

16)

Professional service.

17)

Public and open space.

18)

Recreation, indoor (includes but is not limited to athletic training facility, athletic/rec club, and health club).

19)

Restaurant and restaurant with the attendant accessory use of the sale of alcoholic beverages for on-premises consumption.

20)

Retail.

21)

Theater/concert hall.

22)

Transportation facilities, including rail, bus, taxi, and rideshare.

23)

Parking structures, mass transit depots/stations.

24)

Utility structures and facilities.

Prohibited uses.

The following uses shall be prohibited within the HI-MU District:

Auto sales and service not fully enclosed within a building.

Businesses with drive through lanes.

Data center as a principal use.

Drilling or mining facilities or operations of any type.

Flea market.

Outside storage as a primary use.

Sexually Oriented Business.

Truck, commercial or commercial equipment and vehicle storage as a primary use.

Truck, commercial or commercial equipment and vehicle repair.

10)

Warehousing.

Temporary uses.

Uses temporary in nature that are not expressly permitted or expressly prohibited within the HI-MU District may be requested and considered by the City Council in accordance with Unified Development Code Section 1.19, with any approval not to extend beyond six months.

Additional unidentified uses.

The City Council may authorize any additional uses that are not expressly permitted or expressly prohibited within the HI-MU District through a Conditional Use Permit in accordance with the process outlined in Section 2.3.5 of the Unified Development Code, regardless of whether such use is identified in the City's Land Use Table.

Alcohol sales.

Alcohol Sales shall be permitted within the HI-MU District consistent with Section 3.3 "Alcoholic Beverages: Sale, Serving, or Storage" of the Irving Unified Development Code.

Definitions.

Arena

means an indoor climate-controlled facility designed with at least 15,000 seats for spectators for entertainment or sporting purposes. An Arena may also include accessory uses directly related to the operations of the facility including an outdoor plaza, athletic training or practice facility, retail, restaurant, hotel, food preparation facility, concession, office, museum, park, entertainment use, heliport, or automobile parking facility.

Development standards.

Approval of Development Standards Required as Prerequisite.

The Irving City Council intends to amend this section to establish additional Development Standards for the entire HI-MU District prior to the submission of any Regulating Plan application. No application for a Regulating Plan will be accepted or considered without prior adoption by the City Council of the Development Standards contemplated by this subsection.

Development Standards shall be based on the concepts and best practices of form-based development codes and shall be consistent with the Purpose and Intent of the HI-MU District.

Adopted Development Standards shall provide regulations for the development of property, buildings, public and private streets and sidewalks, and civic and public spaces; and shall include but are not limited to standards for:

Connectivity.

Street widths/sections based on purpose of the street: such as entry/collector, side street, residential.

Parkways: sidewalks, street trees, street furniture, landscaping.

Pedestrian zone - fenestration/window transparency.

Lighting: pedestrian scale, security.

Building heights.

Parking amount and calculation, location and frontage, and screening to publicly visible areas.

Structured parking street frontage.

Hotel development standards.

Public plazas, open spaces and amenities.

Special sign regulations.

Other lower density/compact residential.

Massing.

Administration/process.

Regulating plan.

Application required.

Prior to the submission of any subdivision, platting or building permit application required by the City for development of the property, a Regulating Plan, delineating the intended pattern, layout, and overall expectations for the development, shall be submitted to the City for review and shall be approved by the City Council. Due to the infill nature of development within the High Intensity-Mixed-Use District and the need to retain the comprehensive review and consideration of the development, each Regulating Plan must include all previously approved Regulating Plans and must show all other areas within the zoning district that are not part of the Regulating Plan application or a previously approved Regulating Plan as "future development area."

Fees.

A non-refundable filing fee in accordance with the latest Consolidated Fee Schedule adopted by the Irving City Council shall accompany each application for a Regulating Plan.

Contents.

A Regulating Plan shall include:

Layout of the street grid showing connections to existing access points and streets, specifically including primary points of ingress and egress on the site.

Street sections including right-of-way widths appropriate for the planned intensity of the adjacent block and buildings.

Location of buildings, use typology, massing with planned FAR, number of hotel guest rooms, and number of residential units.

Location and identification of permitted land uses and estimated square feet for each use.

Parking study, including quantity of parking needed and locations of parking to be provided, either surface or within parking structures.

Location of civic uses including police substations and fire stations required to serve the area.

Location of public spaces and public amenities, including parks, trail system through the development, and the connections to a trail system as applicable.

Proposed access to utilities including locations of necessary easements and drainage structures.

Connections to the light rail station.

10.

Phase lines, if known.

11.

The following information as applicable to the servicing of the entire property in the zoning district:

Public and private roadways including arterials and collectors and connections to adjacent roadways and highways;

ii.

Alignments for major water and wastewater lines;

iii.

Alignments for stormwater drainage facilities; and

iv.

Public spaces or plazas, parks and open space, if known.

12.

Other information required or deemed necessary by the City to review and evaluate the application.

Review.

As part of the review of the Regulating Plan, the City shall consider desirability of the proposed uses, streets, lot and building configuration, compliance with the adopted Development Standards, and consistency with the overall Purpose and Intent of the HI-MU District.

To assist in the review of the Regulating Plan, the City may require the submission of other documents and studies deemed necessary to evaluate the application which may include but are not limited to: traffic studies demonstrating the adequacy of the proposed street layout, rights-of-way, and connections to existing streets; and utility studies that demonstrate the adequacy of water, sewer, and drainage systems to serve the proposed development.

(Ordinance 2023-10760, § 11, adopted 6/8/2023; Ordinance 2023-10829, § 10, adopted 12/7/2023; Ordinance 2025-11093 adopted 3/20/2025)

2.7 Special Districts.

2.7.2

Agricultural (AG).

In an AG agricultural district no land shall be used and no building shall be erected for or converted to any use other than:

Principal uses:

The following uses shall be permitted as principal uses subject to the limitations indicated:

Government buildings and uses.

Agriculture, including any customary agricultural building and structure, and such uses as livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses.

Public utility uses.

Public parks and recreation areas.

Amusement, outdoor. Conditional use permit required when within five hundred (500) feet of an "R" single-family district, measured property line to property line.

Poultry farms, kennels, riding stables and dairies.

Sport shooting range, outdoor. By conditional use permit only.

Commercial mines, quarries, and gravel pits under such regulations as shall be provided by other ordinances of the city from time to time.

Private airports and landing strips, provided that the flight line for one mile on each end of the runway shall not be above an "R" district.

10)

Public and nonprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals.

Accessory uses:

The following uses shall be permitted as accessory uses.

Private garage.

Roadside stand not exceeding four hundred (400) square feet in floor area, for the sale of agricultural products grown on the premises.

Swimming pools.

Parking regulations:

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

Area regulations:

The following minimum requirements shall be observed:

Depth of front yard: 50 feet

Depth of rear yard: 50 feet

Width of side yard: 50 feet

Width of lot: 200 feet

Depth of lot: 200 feet

Distance between detached buildings: 30 feet

Lot area: 150,000 square feet

Height and area regulations:

The following maximum height and area regulations shall be observed:

Height of principal structure: one story or 30 feet

Height of accessory structure: one story or 15 feet

2.7.3

S-P-1 Site Plan (Detailed).

The S-P-1 site plan district is utilized to develop difficult size and shaped land areas; to promote new planning concepts; to develop multiple land usage; and to establish compatible land use within a more restrictive neighborhood. No minimum land area is required for the S-P-1 district. No land shall be used and no building shall be erected for or converted to any use other than the specific use or uses authorized by an ordinance of the City of Irving granting a zoning change to S-P-1 district under the terms and provisions of this section and in accordance with the following procedures:

An S-P-1 site plan district shall be granted by the city council only upon the written request of the owner or his representative and a recommendation of planning and zoning commission. No variances to other city ordinances, codes or regulations will be permitted, unless the ordinance, code or regulation being varied specifically sets forth a process to seek a variance through the site plan rezoning process. The S-P-1 will allow variances to regulations of this ordinance only.

An application for an S-P-1 site plan district shall be filed with the city department of community development for technical evaluation and processing for recommendation to the city planning and zoning commission and shall be accompanied by a site plan (the number of copies of the site plan to be determined by the Director of Planning and Inspection or designee), showing the requested use or uses and the intended development of all the property on which a change in zoning is requested, showing the following information:

Date, scale, north point, name of owner, and name of person preparing the site plan.

Location of existing boundary lines and dimensions of the tract.

Location, dimensions and size of all proposed buildings, structures and land improvements.

Designate proposed specific land use for all building areas.

Clear designation of areas reserved for off-street parking and for off-street loading; type of surface material to meet minimum standards of the City of Irving; the ratio of parking spaces to square feet of floor space or number of spaces provided for each dwelling unit.

Location and size of points of ingress and egress to public.

Dimension from property line to centerline of existing watercourses, drainage features and floodway easement.

Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request indicated by dimension and bearing from a corner of the property being rezoned.

Location, type and height of existing and proposed fences or screening walls.

10)

Landscaping plan shall be required where such treatment is essential to proper arrangement of development. Requirement of a landscape plan will be determined when the site plan is reviewed by the city staff, at which time the details of the plan will be determined. The planning commission or city council may require the landscaping plan.

11)

Location and type of fences, signs, lighting, luminaries, and exterior auditory speakers will be indicated on site plan when they are at variance to city standards.

12)

Area map indicating the neighborhood in which the property is located.

13)

Location, type and size of all easements shall be indicated on the site plan, along with the volume and page number where the easement is recorded with Dallas County Deed Records.

14)

Each applicant applying for an S-P-1 district use shall submit the number of copies of the site plan as required by the Director of Community Development or designee, including any electronic digital copies, for submission to the planning and zoning commission and the city council for their review.

The city planning and zoning commission shall hold a public hearing as required by this ordinance and state law; make its report and recommendation to the city council and shall recommend such conditions and restrictions as necessary to secure and protect the public health, safety, morals, and general welfare.

In granting or denying an application for an S-P-1 zoning district, the city council shall take into consideration the following factors:

Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.

Safety from fire hazards, and measures of fire control.

Protection of adjacent property from flood or water damage.

Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.

Location, lighting, and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.

Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities; location on ingress/egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust.

Such other measures as will secure and protect public health, safety, morals, and general welfare.

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan approved by the city council.

On the Official Zoning Map an S-P-1 site plan zoning district shall be the designation S-P-1 followed by the ordinance number in parenthesis, rezoning the property to a site plan 1 zoning district.

Any use not prohibited by this ordinance or other ordinances of the city may be authorized in an S-P-1 district. The city council may impose any condition or restriction upon the use of the property rezoned, as may be necessary to secure and protect the public health, safety, morals and general welfare and to protect adjoining property and the value thereof. Such conditions and restrictions shall not be construed as conditions precedent to the granting of the site plan 1 (S-P-1) zoning district use, but shall be construed as conditions precedent to the granting of a building permit and/or certificate of occupancy.

Applicants for site plan (S-P-1) zoning must present the site plan and the required number of copies, with revisions as requested by the city staff, within six (6) months from the date of filing of the case or the case will be administratively closed. No refund of the filing fee will be made.

2.7.4

S-P-2 Site Plan (generalized).

The S-P-2 site plan district is utilized to permit flexibility of area regulations while restricting usages. A single basic land use district shall be designated, which district's principal use, accessory use, parking, height and area regulations shall apply except as specifically varied and identified on the site plan. The land area for S-P-2 zoning district shall not be less than two (2) acres in size unless the basic land use requested is only for R-40, R-15, R-10, R-7.5, R-6, R-ZLa, R-SFA, R-3.5 or R-2.5 uses, in which case the two-acre minimum size shall not apply. No land use be used and no building shall be erected for or converted to any use other than the general uses authorized by an ordinance of the City of Irving granting a zoning change to S-P-2 zoning district under the terms and provisions of this section. No variances to any other city ordinance, code or regulation will be permitted within this district. All requests will be processed in accordance with the following procedures:

An S-P-2 zoning district shall be granted by the city council only upon the written request of the owner or his representative and recommendation of the planning and zoning commission.

An application for S-P-2 zoning shall be filed with the city department of community development for technical evaluation and processing for recommendation to the city planning and zoning commission and shall be accompanied by the number of copies of the site plan as required by the director of community development or designee. The site plan shall indicate the requested use or uses and the most restrictive zoning district first permitting the use or uses which shall serve to establish the area requirements for development and show the following information:

Date, scale, north point, name of owner, and name of person preparing the site plan.

Location of existing boundary lines and dimensions of the tract.

Indicate minimum building setback dimensions adjacent to all property lines.

Designate proposed general land use for all building areas.

Location and size of points of ingress and egress to public streets may be shown on site plan, or the planning and zoning commission may recommend such points be shown and the city council may require location and size of points of ingress and egress to public streets be shown on site plan; however, if specific location and size of points of ingress and egress to public streets are not required to be shown on site plan, the location and size of points of ingress and egress to public streets shall not violate any ordinance or regulation adopted by the city council to regulate the location and size of points of ingress and egress to public streets.

Centerline of existing watercourses, drainage features and floodway easements.

Area map indicating the neighborhood in which the property is located.

Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan, when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained.

10)

Location, type and size of all easements shall be indicated on the site plan, along with the volume and page number where the easement is recorded with Dallas County Deed Records.

11)

Each applicant applying for a site plan district use shall submit the number of copies of the site plan as required by the Director of Community Development or designee, including any electronic digital copies, for submission to the planning and zoning commission.

The city planning and zoning commission shall hold a public hearing as required by this ordinance and state law and make its report and recommendation to the city council and shall recommend such conditions and restrictions as necessary to secure and protect the public health, safety, morals, and general welfare.

In granting or denying an application for an S-P-2 zoning district, the city council shall take into consideration the following factors:

Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.

Safety from fire hazards, and measures of fire control.

Protection of adjacent property from flood or water damage.

Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.

Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.

Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities; location of ingress/egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust.

Such other measures as will secure and protect public health, safety, morals, and general welfare.

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan approved by the city council.

On the official zoning map, a site plan 2 district shall bear the designation "S-P-2" followed by the ordinance number in parenthesis rezoning the property to S-P-2 zoning district.

Any use, not prohibited by this ordinance or other ordinances of the city, may be authorized in an S-P-2 zoning district, and the city council may impose any condition or restriction upon the use of the property rezoned as may be necessary to secure and protect the public health, safety, morals, and general welfare and to protect adjoining property and the value thereof, including the dedication of street right-of-way for the adequate flow of traffic. Such conditions and restrictions shall not be construed as conditions precedent to the granting of the S-P-2 zoning district use, but shall be construed as conditions precedent to the granting of a certificate of occupancy.

(Ordinance 2023-10760, § 12, adopted 6/8/2023)