General provisions.

Lot coverage.

The total area covered by roofed areas shall not exceed the maximum lot coverage (percentage) for the applicable residential zoning district.

(b)

Attachment to primary structure.

An accessory building attached to the primary structure shall be made structurally a part of and have a common wall with the primary structure and shall comply in all respects with the requirements of this ordinance applicable to the primary structure. Accessory structures attached to a primary structure by a breezeway, covered walkway or other structure that (does not share a structural wall with the primary structure) is not part of the primary structure shall not be considered to be an extension of the primary structure.

(c)

Location.

An accessory building in an "R" district shall be located on or behind the required front building wall.

(d)

Distance from other structures.

The distance between structures, including swimming pools, shall be determined by the City's currently adopted building codes.

(e)

Maximum area exclusions.

In-ground swimming pools, hot tubs, spas, swimming pool equipment enclosures, retaining walls, decks, and flatwork associated with a swimming pool, hot tub, or spa shall not be counted toward the maximum area allowed.

3.1.2

Accessory buildings on an adjacent lot with same owner.

A residential accessory building on a lot separate from the lot on which the principal use structure stands shall only be allowed when a common owner(s) has two (2) or more platted lots which side yards abut each other and front yards front upon the same street. The owner(s) shall apply for a building permit prior to construction. For purposes of the building permit, the two (2) lots shall be considered as one (1) building site as if it were a single lot. All of the requirements for residential accessory buildings shall apply to the entire building site as if it were a single lot, except that:

(a)

The accessory building may not be placed farther from the rear property line than the rear yard setback line established for a principal use structure;

(b)

No more than one (1) accessory building (defined as either a building not exceeding two hundred fifty (250) sq. ft. or a garage not exceeding eight hundred (800) sq. ft.) may be built on the lot that does not include the principal use structure;

(c)

The exemption to the number of accessory buildings and area of accessory buildings for lots one-half (½) acre or greater shall not apply to the combined area of the two (2) lots; and

(d)

The prohibition of Separate Utilities (3.1.10 herein) shall not apply to structures permitted under this subsection.

3.1.3

Detached garage in an "R" district.

A detached garage shall have a minimum of two (2) or more partially or fully enclosed side walls. A detached garage may not be constructed with a metal exterior.

(a)

Driveway access.

A detached garage must be located on the lot in a way that provides adequate driveway access to the entry of the garage. Driveways must be approved through the City's permitting process.

(b)

Maximum square footage.

A detached garage shall not exceed a maximum of eight hundred (800) square feet or 10% of lot area, whichever is greater, up to 1,200 square feet. A detached garage shall not be counted toward the square footage of other detached accessory structures. The total square footage of all detached garages shall not exceed the square footage provided in this section.

(c)

Minimum setbacks.

A detached garage shall be set back a minimum of five (5) feet from an interior side or rear property line. A detached garage on a corner lot shall comply with the side setbacks of the primary structure adjacent to a street.

(d)

Maximum height.

A detached garage in a single family "R" district shall not be greater than one (1) story, not to exceed eighteen (18) feet, as measured to the highest point of the garage roof. In no instance shall a detached garage exceed the height of the main structure at the highest point of the main structure's roof. A garage may include an attic or loft, provided the attic or loft does not contain heated or air-conditioned floor space.

3.1.4

Detached accessory buildings other than a detached garage or carport in a single family "R" district.

These include structures which are floored, roofed, may be surrounded by outside columns or walls, and which contains no door that is larger than six (6) feet in width.

(a)

Maximum square footage.

The total square footage of detached accessory buildings (other than detached garages or carports) on lots less than ½ acre shall not exceed a maximum of 10% of the lot area or a maximum of 2,500 square feet. There is no maximum square footage for detached accessory buildings (other than detached garages or carports) on lots one-half (½) acre or greater.

(b)

Minimum setbacks.

A detached accessory building shall be set back a minimum of five (5) feet from any side or rear property line for any structure up to ten (10) feet in height. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side.

(c)

Maximum height.

A detached accessory building shall not exceed a maximum of ten (10) feet measured to the highest point of the roof. The maximum height may be increased by one (1) additional foot for each one (1) additional foot of side and rear setback to a maximum of twenty (20) feet in height with a minimum side and rear setback of fifteen (15) feet.

3.1.5

Building materials.

Any detached accessory building of one hundred fifty (150) square feet or larger in an "R" district shall be constructed with commonly-used residential building materials that constitute a finished, weather-proof exterior in accordance with the building code including, but not limited to, masonry, veneer, stucco, durable all-weather stone, and wood, vinyl or cementitious siding, but specifically excluding any type of metal exterior. A greenhouse in an "R" district may be constructed of glass or other transparent or translucent glazing material in accordance with the building code.

3.1.6

No separate utilities.

Any detached accessory building in an "R" district shall not have a utility meter of any type separate from the primary structure.

3.1.7

Dwelling accommodation use.

Any detached accessory building in an "R" district shall not be used for dwelling accommodations or business use except as permitted in § 2.4, Residential Districts.

3.1.8

Carports.

For purposes of this section, carport shall mean a structure used to offer limited protection to cars, recreational vehicles, travel trailers, or similar vehicles from the elements. The structure can either be freestanding or attached to another building and shall be open on three sides. Carports shall be used solely for the parking of not more than two vehicles, and not for any other purpose including storage of any type.

All Carports shall meet the following requirements:

The carport design shall be consistent with the design of the existing dwelling, including the use of matching trim and roof materials and colors. Carports attached to the front or side of the existing dwelling shall be incorporated into the architecture of the dwelling with compatible roof pitches, surrounds for the support posts, and enclosed gables. Building permit applications for carports shall include detailed elevation drawings and other illustrations showing how the carport is consistent with the design of the existing dwelling.

The carport, including carport roof overhang, shall be no nearer than three feet from the side or rear property line;

The carport shall not exceed 400 square feet in area; lots greater than 1/2 acre may have up to two 400 sq. ft. carports provided no more than one is forward of the front wall but behind the front setback.

The entire area beneath the roof of the carport shall be paved with concrete or asphalt within at least two feet of the edge of the roof;

The driveway leading to the carport shall be paved with concrete or asphalt;

The carport may not overhang or intrude into any type of public utility or drainage easement;

The height of the carport shall not exceed a maximum of ten (10) feet measured to the highest point of the roof of the carport. The maximum height may be increased by one additional foot for each one additional foot of side and rear setback to a maximum of eighteen (18) feet with a minimum side and rear setback of eleven (11) feet; and

Carports shall have a gutter system or drainage design that drains toward the street or the nearest drainage facility. Rainwater shall not drain onto adjacent property

The Zoning Board of Adjustment may grant a special exception relative to carports encroaching into a front setback pursuant to Section 1.15 ("Special Exceptions") of this Code. No relief from any other carport development standards may be considered through the Special Exception process, and shall instead be considered through the Variance process. A request for a "S-P" site plan district made for the sole purpose of a setback encroachment is prohibited.

3.1.9

Accessory in manufactured home community.

In a manufactured home community, an accessory building shall be located at least five (5) feet from any mobile home or HUD-code manufactured home, provided, however, that an accessory building may be located within eight (8) inches of the mobile home or HUD-code manufactured home which it serves. It shall be an affirmative defense to prosecution under this subsection that both the accessory structure and the mobile home or HUD-code manufactured home were in place on October 26, 2000, and have not been moved since that date.

3.1.10

Building permit validity.

A building permit issued for an accessory building allowed pursuant to this section shall be valid for a period of three (3) months from the date of issuance. The building official shall be authorized to extend this initial three-month period for one (1) additional three-month period after a determination that the property complies with all city ordinances.

(Ordinance 2021-10432, § 1, adopted 3/25/2021; Ordinance 2023-10735, § 1, adopted 4/20/2023; Ordinance 2026-11220 adopted 1/14/2026)

3.2 Auto service and repair.

3.2.1

Auto repair shall be permitted in districts as provided in 2.5.2 (Nonresidential Land Use Table). Auto repair includes mechanical and body repair for passenger cars, including vehicles on no more than two axles, with a primary purpose of transporting persons.

3.2.2

Bay doors.

No automobile repair or service facility shall be permitted to have bay doors facing a one-or two-family district. In the event of any conflict, this provision shall take precedence over the Commercial Design Standards in 3.4(f)(5).

3.2.3

All repairs in enclosed building.

All repair activity shall be contained within an enclosed building. No auto repair shall occur under canopies, carports, or other open covered or uncovered surface, including any area behind a required screening fence.

3.2.4

Entrance.

No property where minor auto service or major auto repair occurs shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street as any school, public playground, church, hospital, public library, or institution for dependents or for children.

3.2.5

Uses fronting public street.

No grease rack or lift, oil draining pit, or any other visible appliance for such purposes used in or in conjunction with a gasoline filling or service station, other than filling caps, shall be located within twelve (12) feet of any street right-of-way line or within twenty-five (25) feet of any street lot line or within twenty-five (25) feet of any "R" district, except where such appliance or pit is within a building.

3.2.6

Parking.

A minimum of one space per repair bay plus the ratio of spaces required by Unified Development Code Section 4.4 for any additional office space is required. Parking spaces shall be utilized for employee and customer vehicles only. Parking spaces shall not be used for storage of vehicles including those retained for repair and/or are inoperable.

Parking of customer and employee automobiles provided within sixty (60) feet of a residentially developed lot in an "R" district shall be separated from said lot by a blind fence or wall at least seven (7) feet high.

3.2.7

Accessory storage for vehicles held for repair.

Vehicles held awaiting service, parts, or administrative actions, including wrecked, disabled, or dismantled or otherwise inoperable vehicles shall be stored inside a building on the property as possible. Outside storage of vehicles shall be permitted as an accessory use behind the front wall of the primary building if the storage area is on a paved surface and screened as provided in subsection 3.2.8 below.

No outside storage of inoperable and/ or dismantled vehicles shall be permitted within sixty (60) feet of a residentially developed lot in an "R" district or in a space needed to meet minimum parking requirements.

3.2.8

Screening.

Any inoperable and/ or dismantled vehicles stored outside shall be completely encompassed by a blind fence or wall at least seven (7) feet in height.

Such screening shall be provided so that no vehicles are visible from the public or private street or public property.

Screening shall also be provided on property adjacent to and across an alley from a property zoned and/or used for residential or commercial uses.

All automotive repair and paint and body shops within two hundred (200) feet from any one or two-family residential use must screen from view all vehicles awaiting repair. The measurement of the distance between the automotive repair or paint and body shop and the one or two-family residential use shall be along the nearest property line of the automotive repair or paint and body shop to the nearest property line of the one-or two-family residential use.

3.2.9

Documentation of work for vehicles held for repair.

Any vehicle retained for repairs may be stored for the duration necessary for repairs to be completed on the vehicle.

A log shall be maintained including all vehicles on site held for service at any point in time, including information such as initial time accepted for service, status, and activity toward completion of service. Such log shall be made available to a city inspector upon request. Individual records of the activity for each car held for service shall also be available for inspection upon request.

The requirements of this subsection 3.2.9 shall not apply to the repair and/or conditioning of antique vehicles and race car fabrication if the automotive repair or paint and body shop is located in an industrially zoned district.

The requirements of this subsection 3.2.9 above shall not apply to any vehicle ordered by a court or mandated by arbitration or mediation to be stored by the automotive repair or paint and body shop.

3.2.10

Applicability.

No later than March 15, 2023 all auto repair businesses storing vehicles held for repair must: 1) Install screening fences around any outdoor storage area, 2) pave any storage area, and 3) remove any materials or parts that violate the Unified Development Code.

This section does not apply to Commercial vehicles on two (2) or more axles with the primary purpose of transport and delivery of goods or services, commercial trailers, or boats and RVs. Service and repair of these non-passenger vehicles shall be categorized as a light industrial use.

3.2.11

Violation.

A person who intentionally or knowingly violates any provision of this chapter commits an offense, and upon conviction, shall be punished by fine not to exceed two thousand dollars ($2000.00).

(Ordinance 2022-10650, § 1, adopted 9/15/2022)

3.3 Alcoholic beverages: sale, serving, or storage.

3.3.1

Notwithstanding any other provision of this ordinance, the storage, possession, sale, serving, or consumption of any alcoholic beverages, when permitted by the laws of the State of Texas, shall be regulated and governed by the use regulations and requirements within this Section. The Texas Alcohol Beverage Commission may be abbreviated as TABC throughout this Section.

3.3.2

Uses permitted.

After compliance with all codes of the City of Irving, compliance with the Texas Alcohol Beverage Code, compliance with Texas Alcohol Beverage Commission rules and regulations, and receipt of a Certificate of Occupancy, an Alcohol Beverage Establishment may operate within a zoning district in accordance with this section.

Restaurants, hotels, retail, service, or entertainment establishments identified as a permitted use in zoning districts as provided in Section 2.5.2, Nonresidential Land Use Table shall be permitted to sell alcohol for on-premises consumption at a maximum of 40% food gross revenue to 60% alcohol gross revenue with R-AB zoning as provided in Sect. 3.3.3 below.

Restaurants, retail, service, or entertainment establishments identified as a permitted use within the Urban Business Overlay District (UB), the Heritage Crossing District (HCD) including properties zoned S-P-1/R-AB within the HCD perimeter, and Planned Unit Development District 6 (PUD6) are permitted to sell alcohol for on-premises consumption at a ratio of a maximum of 30% food gross revenue to 70% alcohol gross revenue with R-AB zoning as provided in Sect. 3.3.3 below.

It shall be unlawful for any person to manufacture, distill, brew, import, transport, or store any alcoholic beverages for purposes of sale or distribution in any residentially zoned district within the City of Irving.

3.3.3

Application.

Restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption (R-AB) zoning required.

The storage, possession, sale, serving, or consumption of any alcoholic beverages to be sold or served by the holder of a mixed beverage permit or the holder of a private club permit issued by the State of Texas, in bottles or any other container direct to the customer or person for consumption on the premises of the holder of a mixed beverage permit or in a private club, shall be permitted only in a restaurant as defined in Chapter UDC-9, Definitions, within a S-P-1 site plan district under section 2.7.3 of this ordinance after the applicant has made a written request for a change in zoning under said section 2.7.3 of this ordinance to permit such use.

Application.

All persons applying for a zoning designation of S-P-1 (R-AB) pursuant to this section shall sign an application that includes all material required to be submitted by this ordinance.

A nonrefundable filing fee according to the latest fee schedule approved by the City Council shall accompany each application for S-P-1 (R-AB) zoning.

Failure to submit complete plans, data and information required to accompany a zoning application by this section 3.3, within three (3) months of filing of the case shall result in a presumption that the case has been withdrawn and the city staff may close the file and process same no further.

Required submittals.

The site plan to be submitted pursuant to said section 2.7.3 shall satisfy all of the requirements of section 2.7.3 and the following additional requirements:

The specifically delineated area to be zoned for restaurant S-P-1 (R-AB) and all areas necessary to provide adequate and necessary ingress-egress and parking. Only within the area specifically delineated (R-AB) may alcoholic beverages be sold for consumption on premises. Provided, however, the holder of a mixed beverage permit operating an accessory use within a hotel that includes the zoning designation of S-P-1 (R-AB) may deliver mixed beverages, including wine and beer, to individual rooms of the hotel pursuant to section 28.01(b) of the Alcoholic Beverage Code of the State of Texas.

Narrative description of the planned activities in the restaurant which includes projected breakdown of revenues between food sales and sales of alcoholic beverages and any use of the restaurant premises for dancing, gaming devices, and/or electronic amusement games.

All persons applying for and receiving approval of S-P-1 (R-AB) zoning under this ordinance shall commence construction as evidenced by receipt of a building permit for the restaurant in accordance with the approved site plan within twelve (12) months of the zoning being approved. The city reserves the right and the applicant shall acknowledge the right of the city to rezone subject property in the event construction is not commenced within the stated twelve-month period.

3.3.4

Amendments to S-P-1 R-AB district.

Minor amendments and adjustments may be made to a R-AB district as permitted in section 1.12.5. Any change to a R-AB district that does not qualify for an administrative amendment shall complete the rezoning process for City Council consideration of the change.

3.3.5

TABC permit or license required.

No person shall sell alcoholic beverages within the city without obtaining a city certification to sell alcoholic beverages at a specific address, maintaining a valid TABC license or permit for that location, and paying all appropriate fees to the City. A TABC license or permit does not grant the holder any right to violate the city's zoning ordinance or any other city regulations.

Fees.

Upon application for certification from the city, the applicant shall pay the City a fee in the maximum amount permitted by law for the particular license or permit issued by the Texas Alcoholic Beverage Commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. Following payment of the fee and certification of compliance with this ordinance, as set forth herein, the City Secretary shall certify the TABC license/permit application for that location. A refund of the fees levied under this section may not be made for any reason.

Permit renewals.

Within 30 days of confirmed renewal of a TABC license or permit, the operator shall submit to the city: a) a copy of the license/permit renewal as provided by TABC, and b) the appropriate fee due to the city. If TABC requires certification by the city that will not be considered a renewal and shall be processed as an initial application.

Change of business name, location, or ownership.

Upon change of business name, location, or ownership, any person selling alcohol in the City of Irving shall provide the city a copy of the completed TABC Location Packet for Reporting Changes or Business Packet for reporting changes and any fee, if applicable. Any change in the operations of an establishment covered by this section that requires a change in the TABC license shall also be submitted to the city to update the record of the permit. If TABC requires certification by the city the change may require the completion of an initial application as provided in this section.

3.3.6

Sales near protected uses.

Religious facility, school, hospital or residential.

The sales and serving for on-premises consumption and retail sales for off-premises consumption shall not be permitted within 300 feet of a religious facility, public or private school, or public hospital. The sales of alcohol for on-premises consumption with a mixed beverage permit or on the premises of a private club shall not be permitted within three hundred (300) feet of any property zoned or classified R-40, R-15, R-10, R-7.5, R-6, R-3.5, R-2.5, R-MF, R-MF-1, R-MF-2, R-MF-3, R-TH, R-MH, R-ZL, R-PH, and R-XF and any property actually used for residential purposes irrespective of its zoning category.

Exemptions.

The regulations contained in this subsection shall not apply when the business for which a permit or license is requested is located on property within the Urban Business Overlay District, Planned Unit Development (PUD) 6, is zoned or has a development plan for Transit Oriented Development District, or is a City-owned property.

Measurements.

The measurement of the distance between the place of business where alcoholic beverages are sold and a church, public hospital or "R" district or residential use as provided in 3.3.6 a) shall be along the property lines of the street fronts and from front door to front door, and in direct lines across intersections.

The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be:

in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

Measurement Exhibits.

Exhibits 1 and 2

Exhibits 3 and 4

Variances.

The city council may grant a variance to 3.3.8(a) if they determine that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

Applications for an alcohol distance variance request shall be heard as a public hearing before the City Council.

Notice of the variance request shall be mailed to all property owners within five hundred (500) feet of the property from which the alcohol distance variance is being requested, according to the latest approved city tax roll.

3.3.7

Reporting gross sales.

Annual report.

The person operating a restaurant selling alcohol for on premises consumption with a zoning designation of S-P-1 (R-AB) shall, on an annual basis and no later than on the thirtieth (30^th ) day of January, file with the city secretary an affidavit on an officially approved form provided by the city secretary that reflects gross sales for the preceding twelve-month period, or since the restaurant began its operation, whichever is shorter, breaking down the sales between the sale of food and the sale of alcoholic beverages.

For purposes of breaking down the sales between food and alcoholic beverages, sales taxes, alcoholic beverage taxes and any other applicable taxes or fees shall not be included in the calculations.

The city reserves the right to request persons operating a restaurant with a zoning district designation of S-P-1 (R-AB) to submit an annual audit of the gross sales broken down between food sales and mixed beverages sales at the person's expense. All filings including all sales and beverage tax filings shall remain confidential.

Copies of TABC reports.

The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall on an annual basis file with the city secretary a copy of the filings supplied to the State of Texas (TABC) for sales tax and mixed beverage (alcoholic beverages) tax purposes.

Audit.

The city shall retain the right to request an audit of applicable records to determine if a business is violating this chapter or any provision of the Unified Development Code. The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall permit the city treasurer to view the books, records, and receipts relative to sale of food or nonfood revenue and alcoholic beverages at any time after four (4) hours' notice. The city attorney, city manager, city council, city treasurer, mayor or city secretary may examine said records. Said records may be introduced in court for the purpose of showing the person operating a restaurant with a zoning designation of S-P-1 (R-AB) is in violation of this ordinance.

Public entertainment facility (PEF).

Premises which include restaurants with attendant accessory uses of the sale of alcoholic beverages for on-premises consumption shall be a PEF if it meets all of the following:

Located in the Urban Business Overlay District;

Comprises a single, undivided tract of at least fifteen (15) acres;

Contains a public entertainment facility ("PEF"), as defined by Section 108.73, Texas Alcoholic Beverage Code; and

Zoned S-P-1 (R-AB).

On a PEF premises, the combined gross sales in Irving from alcoholic beverages for the entire PEF premises on an annual basis may be seventy (70) percent or less of the combined total sales of food and alcoholic beverages for the entire PEF premises. For the purposes of subsection 3.3.7, an owner or operator of a PEF premises shall report a combined total of all food and alcoholic beverage sales for all of the establishments contained within the PEF premises and a breakdown for each establishment within the PEF premises, whether or not there are more than one mixed beverage or private club permit holders.

The owner or operator of a proposed PEF premises applying for S-P-1 (R-AB) zoning to allow restaurants with attendant accessory uses of alcoholic beverages for on-premises consumption shall comply with all the requirements of subsection 3.3.3, and shall comply with all applicable requirements of section 2.7.3.

3.3.8

City-owned properties and facilities funded by hotel occupancy tax.

The on-premise storage, possession, sale, serving, and consumption of any alcoholic beverage is authorized and a permitted use as an accessory use in any city-owned facility and/or whose construction or operation is funded in whole or in part by Hotel Occupancy Tax revenue. The on-premise storage, possession, sale, serving, and consumption of any alcoholic beverage in any city-owned facility whose construction or operation is funded in whole or in part by hotel occupancy tax revenue, is an exception to the provisions of section 3.3.3.

(Ordinance 2023-10702, § 1, adopted 2/9/2023)

3.4 Commercial design standards.

3.4.1

Applicability.

The commercial design standards shall apply to all newly constructed structures in districts zoned for non-residential uses and non-residential development in a residential zoning district, excluding structures in the State Highway 161 Corridor Overlay District, and the Transit Oriented Development District, . Accessory structures one hundred (100) square feet or less that are not visible from a street, park, or residential area are exempt from the commercial design standards.

If existing structures are expanded by thirty (30) percent or more of their building area, as defined by the Building Code, or are being repaired, remodeled, rehabilitated or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District, the entire structure shall be brought into compliance with these commercial design standards. If existing metal buildings that do not face a public street and that are used for industrial uses such as manufacturing, warehousing, wholesale distribution, and motor freight or trucking terminals in a C-OU, C-OU-1, C-OU-3, FWY, ML-20, ML-20a, ML-40, ML-120, CP, M-FW, IP-AR, MH or site plan district or development plan for C-OU, C-OU-1, C-OU-3, FWY, ML-20, ML-20a, ML-40, ML-120, CP, M-FW, IP-AR, MH district uses, or other district that permits industrial uses are expanded by fifty (50) percent or more of their building area, as defined by the Building Code, or are repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District, the entire structure shall be brought into compliance with these commercial design standards.

Any building or structure lawfully constructed and in existence on October 16, 2008, but which does not conform to this ordinance shall be deemed a nonconforming building or structure and the regulations Chapter UDC-7, Nonconformities, will apply.

If there is any conflict between this section 3.5 and an adopted S-P-1, S-P-2, or Development Plan in a PUD district, the more specific standard shall apply.

Modifications of design standards outlined in this section may be accomplished through:

The director may approve minor variations from these design standards in specific instances as long as they meet the spirit and intent of the commercial design standards. Criteria for approval of minor variations include, but are not limited to:

compatibility with surrounding development

compliance with all other requirements of the approved zoning of the property

that the variation is an enhancement beyond the minimum design standards

architectural design and creativity, and

the provision of other site enhancements such as landscaping, signs, screening, and paving beyond these minimum standards.

S-P-1 or S-P-2 zoning or a Development Plan in a PUD district.

3.4.2

Design standards.

Building materials.

All exterior walls, including parking structures, garages, and accessory structures shall be eighty (80) percent masonry.

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

Masonry shall be defined as:

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.

Concrete masonry units. Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Nonload Bearing Units. Concrete masonry units shall have an indented, hammered, split face or other similar architectural finish as approved by the city. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.

Concrete panel construction. Concrete finish or precast panel (tilt wall) construction shall be painted, fluted, or other approved architectural concrete finish. Smooth or untextured concrete finishes are not acceptable.

Stucco (exterior Portland cement plaster with three (3) coats over metal lath or wire fabric lath);

Cementitious fiberboard;

Architectural glass block (less than twenty-five (25) percent reflectance).

Structures twenty thousand (20,000) square feet or less shall require a minimum of two (2) distinct building materials from the approved masonry list be utilized on all façades to provide architectural detail and interest.

Structures over twenty thousand (20,000) square feet shall require a minimum of three (3) distinct building materials from the approved masonry list be utilized on all façades to provide architectural detail and interest.

Secondary materials must cover a minimum of ten (10) percent of the building façade on all sides.

Architectural accent materials not exceeding twenty (20) percent of the exterior walls, may include metal and wood. Metal accents may include profiled panels, deep-ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer's standards. Synthetic stucco, also known as Exterior Insulation and Finish System (EIFS), may be used as architectural accent material when placed more than four (4) feet above grade.

Roofing materials.

Architectural textured twenty-five (25) year minimum warranty asphalt or synthetic shingles, standing seam metal, or tile roofs are allowed for sloping roofs. Roof materials for flat roofs shall provide the equivalent level of protection as determined by the inspections director.

Prohibited materials.

The following materials are prohibited:

Aluminum siding or cladding.

Corrugated, metal, plastic, or fiberglass panels.

Galvanized, aluminum coated, zinc aluminum coated or unpainted exterior metal except as permitted as architectural accent material.

Wood siding or plastic siding.

Synthetic stucco, Exterior Insulation and Finish System (EIFS), placed less than four (4) feet above grade.

Unfinished concrete block.

Exposed aggregate.

Wood roof shingles.

Reflective glass.

Entry features.

Primary building entrances are to be defined and articulated with architectural elements such as pediments, columns, porticos, porches, and overhangs.

Building articulation.

All façades of a building which are adjacent to and face a public street, public park, or residential district shall comply with the following standards:

Horizontal articulation - No building façade shall extend for a distance greater than three (3) times the mean elevation of the wall's height without having an offset of fifteen (15) percent or more of the wall's height. This offset shall extend for a distance equal to at least twenty-five (25) percent of the maximum length of either adjacent plane. (Figure 1)

Vertical articulation - No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of fifteen (15) percent of the wall's height. This height change shall continue for a minimum distance equal to at least twenty-five (25) percent of the maximum length of either adjacent plane. (Figures 1 and 2)

Figure 1

Figure 2

Architectural design features.

Façade treatment.

All non-residential buildings shall be architecturally finished on all four (4) sides with the same materials and detailing (e.g., tiles, moldings, cornices, wainscoting, etc.). [See section 3.5.3(h), Exception for non-street facing rear façades.]

Roof design.

Pitch roofs, if provided, shall have a minimum pitch of 4/12.

Architectural elements that add visual interest to the roof, such as dormers, and masonry chimneys, are encouraged.

Flat roof shall require parapet screening which adheres to vertical articulation requirements for the main face of the structure.

Parapet shall require cornice detailing.

Roof mounted utility and mechanical equipment including, but not limited to, fans, vents, air conditioning units, cooling towers, and satellite dishes, shall be screened so as not to be visible at ground level from the adjacent properties and/or public streets.

Design elements.

Structures twenty thousand (20,000) square feet or less shall include a minimum of four (4) of the architectural design features listed below. Structures over twenty thousand (20,000) square feet must include a minimum of six (6) of the architectural design features listed below:

Canopies, awnings, arcades, covered walkways, or porticos.

Recesses, projections, columns, pilasters projecting from the planes, offsets, reveals, or projecting ribs used to express architectural or structural bays.

Varied roof heights for pitched, peaked, sloped, or flat roof styles.

Articulated cornice line.

Arches.

Display windows, faux windows, or decorative windows.

Architectural details (such as tile work and molding) or accent materials integrated into the building façade.

Integrated planters or wing walls that incorporate landscaping and sitting areas or outdoor patios.

Integrated water features.

Other architectural features approved by the director.

Mechanical equipment.

All ground and wall mounted mechanical and utility equipment including, but not limited to, air conditioning units, generators, and transformers shall be visually screened by a solid masonry screening wall at a minimum height of the highest element of the equipment, so as to provide visual screening of such equipment from adjacent properties and public streets. The exterior of the screening wall, if independent of the building façade, shall be finished in a color similar to the building façade, or trim, whichever is more effective in minimizing the visibility of the equipment and providing screening from public streets and/or adjacent properties. Installation of evergreen landscaping material, as approved by the director, may be substituted in lieu of the screening wall, under circumstances where the topography, zoning, and use of such landscape will provide an equivalent screen.

Bay doors, overhead doors, and loading docks.

Bay doors, overhead doors, and loading docks shall not face an arterial street.

Exception for non-street facing rear façades.

The rear façade of a building which is not adjacent to or does not face a public street, public park, or residential district shall not be required to comply with the following:

The articulation standards, outlined in section 3.4.2(e), Building articulation.

Materials and detailing, as outlined in section 3.4.2(f), Architectural design features; however, it shall require a minimum of two (2) distinct building materials from the approved masonry list.

3.5 Convenience store design standards.

3.5.1

Definitions.

For purposes of this section, convenience store means any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than ten thousand (10,000) square feet of retail floor space. Convenience store does not include any business where there is no retail floor space accessible to the public.

For purposes of this section, convenience goods means basic food, beverage, tobacco products, household and pharmaceutical items.

3.5.2

Applicability.

The following convenience store design standards shall apply to all newly constructed convenience stores, and any existing building that is proposed to be converted or changed in use to a convenience store from any other use other than a convenience store.

Reconstruction of public facilities.

The below allowance applies only to the installation of front landscaping only for properties fronting streets undergoing street and/or utility reconstruction activities. All other required landscaping on the property shall be installed prior to issuance of the Certificate of Occupancy.

Deadline for installation.

In the instance a new certificate of occupancy is provided prior to completion of construction, the planting of trees and other landscaping affected by construction work may be deferred until one (1) year after completion of the construction activities.

3.5.3

Expansion, remodeling and conversion.

Expansion.

If an existing convenience store is an allowed use in the underlying zoning district, the store may be expanded. Existing convenience stores which are not a legal use in the underlying zoning district shall follow the regulations of Chapter UDC-7, Nonconformities, of this Unified Development Code.

Significant expansions or remodels.

Expansion by thirty (30) percent or more of its building area as defined by the Building Code, or repairs, remodels, rehabilitations, or other improvement to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District.

The entire structure shall be brought into compliance with these convenience store design standards; and

Any existing pole sign(s) adjacent to any street or thoroughfare other than State Highway Loop 12, State Highway 183, State Highway 114, State Highway 161, Interstate 635, State Highway Spur 482, or State Highway Spur 348 and which conform to the regulations of Chapter UDC-7 of the Land Development Code may be used and refaced, provided no structural alterations are conducted. No new pole signs shall be installed for convenience stores in these locations.

Conversion.

If an existing building used for any use other than a convenience store is to be converted to a convenience store use that involves improvements that constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District:

The entire structure shall be brought into compliance with these convenience store standards and shall also be brought into conformance with all current landscaping, screening, parking, loading, building and other construction codes and accessibility requirements prior to the issuance of a certificate of occupancy for a convenience store use; and

If there is any conflict between this section 3.5 and an adopted S-P-1, S-P-2, or Development Plan in a PUD district, the more restrictive standard shall apply.

3.5.4

Design standards.

Building materials.

All exterior walls, including parking structures, garages, and accessory structures shall be eighty (80) percent masonry.

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

Masonry shall be defined as:

Concrete masonry units. Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications: ASTM C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Nonload Bearing Units. Concrete masonry units shall have an indented, hammered, split face, or other similar architectural finish as approved by the city. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.

Stucco (exterior Portland cement plaster with three (3) coats over metal lath or wire fabric lath);

Cementitious fiberboard;

Architectural glass block (less than twenty-five (25) percent reflectance).

All structures shall require a minimum of two (2) distinct building materials from the approved masonry list be utilized on all facades to provide architectural detail and interest.

Secondary materials must cover a minimum of ten (10) percent of the building facade on all sides.

Architectural accent materials not exceeding twenty (20) percent of the exterior walls, may include metal and wood. Metal accents may include profiled panels, deep-ribbed panels, and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer's standards. Synthetic stucco, also known as Exterior Insulation and Finish System (EIFS), may be used as architectural accent material when placed more than four (4) feet above grade.

Roofing materials.

Prohibited materials.

The following materials are prohibited:

Aluminum siding or cladding.

Corrugated, metal, plastic, or fiberglass panels.

Galvanized, aluminum coated, zinc aluminum coated or unpainted exterior metal except as permitted as architectural accent material.

Wood siding or plastic siding.

Synthetic stucco, Exterior Insulation and Finish System (EIFS), placed less than four (4) feet above grade.

Unfinished concrete block.

Exposed aggregate.

Wood roof shingles.

Reflective glass.

Entry features.

Primary building entrances are to be defined and articulated with architectural elements such as pediments, columns, porticos, porches, and overhangs.

Building articulation.

All facades of a building which are adjacent to and face a public street, public park, or residential district shall comply with the following standards:

Horizontal articulation - No building facade shall extend for a distance greater than three (3) times the mean elevation of the wall's height without having an offset of fifteen (15) percent or more of the wall's height. This offset shall extend for a distance equal to at least twenty-five (25) percent of the maximum length of either adjacent plane. (Figure 1)

Figure 1

Figure 2

Architectural design features.

Facade treatment.

All convenience stores shall be architecturally finished on all four (4) sides with the same materials and detailing (e.g., tiles, moldings, cornices, wainscoting, etc.). [See section 3.5.3(h) Exception for non-street facing rear facades.]

Roof design.

Pitch roofs, if provided, shall have a minimum pitch of 4/12.

Architectural elements that add visual interest to the roof, such as dormers, and masonry chimneys, are encouraged.

Flat roof shall require parapet screening which adheres to vertical articulation requirements for the main face of the structure.

Parapet shall require cornice detailing.

Design elements.

All structures shall include a minimum of four (4) of the architectural design features listed below.

Canopies, awnings, arcades, covered walkways, or porticos.

Recesses, projections, columns, pilasters projecting from the planes, offsets, reveals, or projecting ribs used to express architectural or structural bays.

Varied roof heights for pitched, peaked, sloped, or flat roof styles.

Articulated cornice line.

Arches.

Display windows, faux windows, or decorative windows.

Architectural details (such as tile work and molding) or accent materials integrated into the building facade.

Integrated planters or wing walls that incorporate landscaping and sitting areas or outdoor patios.

Integrated water features.

Other architectural features approved by the director.

Mechanical equipment.

Bay doors, overhead doors, and loading docks.

Bay doors, overhead doors, and loading docks shall not face an arterial street.

Parking.

Any newly constructed convenience store of two thousand (2,000) square feet or less, or any existing building used for any use other than a convenience store that is proposed to be converted to a convenience store of two thousand (2,000) square feet or less shall provide a minimum of eight (8) parking spaces for the first one thousand (1,000) square feet of floor area plus one (1) additional parking space for each two hundred (200) square feet of floor area. Such parking shall comply with all requirements of section 52-36 and section 52-38, and shall be screened in accordance with all applicable landscaping ordinances of the City of Irving.

Exception for non-street facing rear façades.

The rear facade of a building which is not adjacent to or does not face a public street, public park, or residential district shall not be required to comply with the following:

The articulation standards, outlined in section 52-35d(b)(5), Building articulation.

Materials and detailing, as outlined in section 52-35d(b)(6), Architectural design features; however, it shall require a minimum of two (2) distinct building materials from the approved masonry list.

(Ordinance 2022-10569, § 1, adopted 3/31/2022)

3.6 Environmentally sensitive land use.

3.6.1

Generally.

The following uses or activities shall be considered environmentally sensitive land uses which have the potential to cause substantial environmental impacts beyond the boundaries of the property on which the activity or use is conducted:

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.

The manufacture, storage or handling of more than one hundred (100) pounds of radioactive material or radioactive waste at one (1) time.

The generation, handling or storage of hazardous waste as defined in Chapter 361 of the Texas Health and Safety Code.

Aviation facilities such as airports and heliports.

Sewage and waste water treatment facilities.

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.

Petrochemical facilities such as terminals, refineries or tank farms, any of which have more than a one thousand (1,000) barrel storage capacity.

Railroad switching yards.

Jet engine or other engine testing facilities.

3.6.2

Altering, creating, establishing, etc., environmentally sensitive land uses or activities.

Notwithstanding any other provisions of this ordinance, it shall be unlawful to alter, create, establish, extend, expand, suffer, maintain or permit an environmentally sensitive land use or activity on any property within the City of Irving.

It shall be an affirmative defense to a prosecution under subsection 3.6.2(a) relating to suffering, allowing or permitting an environmentally sensitive land use, if such use was a permitted use and was commenced prior to January 4, 1990. This section shall not provide an affirmative defense to any person who alters, extends or expands an environmentally sensitive land use that was in existence on January 4, 1990.

It shall be an affirmative defense to a prosecution under subsection 3.6.2(a) if the ordinance establishing the particular "S-P-1" or "S-P-2" zoning district specifically authorized the particular environmentally sensitive land use or activity and was enacted within five (5) years prior to the date upon which such land use or activity is commenced.

3.6.3

Extension of existing land use.

An applicant who has begun construction on an environmentally sensitive land use within five (5) years of the enactment of an ordinance establishing the particular "S-P-1" or "S-P-2" zoning district and authorizing the particular environmentally sensitive land use may request that the city council extend the time in which the environmentally sensitive land use must commence. A request for an extension must be accompanied by a timetable for remaining construction activities. In no case may the proposed land use or activity commence later than eight (8) years after the enactment of the enactment of the ordinance establishing the particular "S-P-1" or "S-P-2" zoning district.

3.6.4

Site Plan zoning required.

Any zoning change application to authorize an environmentally sensitive land use or activity must meet all of the requirements of either section 2.7.3 or section 2.7.4. The Planning and Zoning Commission may recommend and the City Council may require any additional degree of specificity deemed appropriate in regard to building, facility or other improvement location in either the "S-P-1" or "S-P-2" districts.

3.6.5

Additional information required in site plan zoning.

The following additional information shall be submitted with the application for the zoning changes to authorize an environmentally sensitive land use or activity.

All final environmental assessments and environmental impact statements for the proposed use or activity if either or both are required pursuant to state or federal law, including, but not limited to, the National Environmental Policy Act (as amended);

Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed use or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting the proposed use or activity over alternatives thereto;

A description of the present use, assessed value, and actual land value of land which will be used or adversely impacted by the proposed use or activity and each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-term plans and master plans for the future use or development affecting such land;

A description of the applicant's ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed use or activity and for each alternative thereto considered by the applicant;

A description of the feasibility and costs of any necessary removals of or modifications to residential, commercial and public structures in connection with the proposed use or activity and with each alternative thereto considered by the applicant;

A description of all special construction requirements for the proposed use or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;

If the proposed use or activity will result in increased noise levels, a description of the noise levels in the City of Irving or in contiguous cities expected to be generated by or in conjunction with the proposed use or activity upon commencement of operations and during each fifth year thereafter over the projected life of such use or activity, including (i) maps showing projected fifty-five (55), sixty (60), sixty-five (65), seventy (70) and seventy-five (75) Ldn noise contours and (ii) hourly data showing the projected geographical distribution and duration of any single noise events in excess of sixty-five (65), seventy-five (75), eighty-five (85) and ninety-five (95) db;

Copies of all studies undertaken or considered by any local, state or federal agency in connection with the proposed use or activity and each alternative thereto considered by the applicant;

Such other material, documents, testimony or information as may be requested by the city council, the planning and zoning commission or the director of community development to assist them in determining whether all appropriate standards have been met.

3.6.6

Waiver of requirements of this section.

The city council may, after a public hearing, waive any part or all of the application requirements imposed by subsection 3.6.4 upon petition by the applicant stating and showing that:

Full compliance with the application requirements of this section would be unreasonably burdensome; and

The proposed use or activity will not have a substantial impact on the surrounding area.

A waiver may be granted only if the city council determines that the information submitted is sufficient to determine that the proposed use or activity will comply fully with all applicable ordinances and master plans and that the proposed use or activity will not have a substantial impact on the surrounding area.

3.6.7

Governmental immunity.

Upon petition of the applicant, the city council may officially recognize that the applicant is immune from compliance with this ordinance for a proposed use or activity (i) if such immunity specifically is required to be granted by any applicable state or federal statute, or (ii) in the absence of such a statute, upon consideration and balancing of all relevant factors, including, but not limited to:

The impact of zoning compliance on the proposed use or activity;

The impact of the proposed use or activity on the community;

Whether a more prudent and feasible alternative location exists for the proposed use or activity; and

The need of the applicant and the region of the use or activity at the proposed location.

Immunity may be granted pursuant to subsection 3.6.7(a) only after notice has been given and public hearings have been held.

3.6.8

Factors to be considered.

In granting or denying an application for an environmentally sensitive land use, the city council shall take into consideration the following factors in addition to the factors otherwise considered in connection with an "S-P-1" or "S-P-2" request:

Disruption to existing neighborhoods from the proposed use or activity and the extent to which the proposed use or activity will complement in the least intrusive manner the needs of the city, region and the state.

Benefits of the proposed use or activity weighed against the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks or natural, scenic or historic features of significance.

Benefits of the proposed use or activity weighted against the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use.

Alternative sites for meeting the projected need or demand for the proposed use or activity which may be less costly or less intrusive to existing communities, and the adequacy of means undertaken to minimize adverse impacts of the proposed use.

The extent to which the proposed use or activity is consistent with prior plans, master plans, and projections of the applicant, if any, upon which the City of Irving has based planning or zoning decisions or, if the proposed use or activity is inconsistent with prior plans or projections of the applicant, the extent to which such inconsistencies are outweighed by the benefits to the community from the proposed use.

3.6.9

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

3.7 Halfway houses.

3.7.1

Site Plan zoning required.

Notwithstanding any other provision of this ordinance, no halfway house shall be permitted except in a site plan zoning district pursuant to section 2.7.3 approved by the City Council of the City of Irving after the recommendation of the zoning commission.

3.7.2

Minimum requirements.

In granting a site plan zoning district for a halfway house, the city council shall impose such restrictions, requirements, and safeguards as are necessary to protect adjoining property; however, in no event shall a site plan be granted for a halfway house for the residence, rehabilitation and/or training of persons on probation, parole or pre-released inmates from correctional institutions or other persons found guilty of criminal offenses unless same meets the following minimum requirements:

Be located at least one thousand (1,000) feet from the property line of a premises or lot zoned for residential purposes or used for residence, school or hospital purposes. Said measurements to be in a straight line from the nearest wall of the structure proposed to be used for halfway house purposes to nearest property line of the lot or tract zoned for residential purposes or used for residential, school or hospital purposes.

Halfway house must be located no closer than three (3) miles from the nearest existing halfway house.

3.7.3

Maximum residents/users.

No halfway house shall have as residents or other users of the facility more than one hundred (100) persons, excluding facility staff.

3.7.4

Proximity to alcohol sales.

No halfway house shall be located nearer than one thousand (1,000) feet to any premises zoned for service of alcoholic beverages pursuant to a permit issued by the Texas Alcoholic Beverage Commission. The measurement of the one thousand (1,000) feet is to be in a straight line from the nearest wall of the structure proposed to be used for halfway house purposes to the nearest property line of the lot or tract wholly or partially zoned for service of alcoholic beverages pursuant to a permit issued by the Texas Alcoholic Beverage Commission.

3.7.5

Variance.

The city council, in a request for rezoning, for good cause shown may but is not required to grant a variance to the subsection 3.7.2(a) restriction which prohibits granting a site plan zoning district for a halfway house within one thousand (1,000) feet of the property line of a premises or lot zoned for residential purposes if the premises or lot zoned for residential purposes is:

Not used for residential purposes and by reason of noncompliance with applicable zoning regulations and/or applicable subdivision regulation is of such size, condition, location or shape that it cannot reasonably be developed for residential purposes; or

Not used for residential purposes and is not zoned "R-40", "R-15", "R-10", "R-7.5", "R-6 ", "R-ZLa", "R-3.5", "R-SFA", "R-2.5", "R-TH", "R-MF-1", "R-MF-2", "R-MH", "R-XF", Site Plan or Planned Unit Developments for any of the foregoing "R" district uses.

3.10 Hotel development standards.

3.10.1

Applicability.

The standards and criteria contained within this section are deemed to be minimum standards, and shall apply to all new hotel and/or motel construction, and renovation or reconstruction of existing hotels and/or motels the value of which renovation or reconstruction exceeds fifty (50) percent of the current improvement value as shown on the most current City of Irving tax roll.

3.10.2

Minimum standards.

Building materials.

All new construction shall be in conformance with section 3.4 "Commercial Design Standards" of the Unified Development Code.

Site design.

All outside equipment such as air conditioners, pool equipment, satellite dishes over thirty-six (36) inches high, etc., shall be screened from view from any adjacent street by a solid fence or dense shrubbery/landscaping.

Any parking designated for trucks, recreational vehicles and other large vehicles shall be placed in a location which is not adjacent to either any street or to any residentially zoned property.

A minimum seven (7) foot solid masonry screening fence shall be provided adjacent to any property line abutting residentially zoned or used land, with a landscaped area of a minimum depth of ten (10) feet inside the fence, including, at a minimum, trees from the city's tree list spaced at a maximum of thirty (30) feet for the length of the abutting property line.

Parking. Parking shall be provided in accordance with the following standards: 0.70 space per guest room, plus one (1) space for each one hundred twenty-five (125) square feet of meeting/conference room area.

Building design.

Building articulation shall be included on all facades.

A porte-cochere or other covered area shall be provided immediately adjacent to the building entrance nearest the registration desk with an area for temporary parking of at least two (2) vehicles underneath the covered area for guests checking in or out.

All units shall be accessed from an interior hallway, except for first floor units which may have direct access from an interior courtyard or swimming pool area instead of, or in addition to, hallway access.

Exterior balconies shall not be allowed within two hundred (200) feet of any residentially zoned property unless they are located in an interior courtyard or are physically separated or screened from the residentially zoned property by another building or portion of a building.

Height. Hotels built within the Urban Business Overlay and Planned Unit Development 6 (PUD 6) shall be a minimum of seven (7) stories.

Interior design.

Each guest room shall have a minimum area of three hundred (300) square feet including sleeping area, bathroom, and closet space.

Each guest room shall be fully furnished with a minimum of a bed, clothes dresser, chair, table, bath or shower, sink, toilet, telephone, and television.

A lounge or waiting area with a minimum area of five hundred (500) square feet shall be provided. Atriums or other open areas may be counted as waiting area if seating is provided.

A lobby area (not counting the work area for hotel or motel employees) which is designed as part of the check-in/out area for guests with a minimum size of five hundred (500) square feet. The lobby and lounge/waiting areas may be designed as a single space but in such case the area shall be a minimum of one thousand (1,000) square feet. The lobby check-in/out area (registration desk) shall be open and unobstructed.

All hotels or motels shall provide meeting or conference rooms with a combined minimum area of five thousand (5,000) square feet. Individual guest rooms cannot be counted as meeting rooms.

All hotels or motels shall provide recreational facilities with a minimum combined area of one thousand (1,000) square feet such as, but not limited to, swimming pool, exercise rooms, sport courts, spas, or game areas.

All hotels or motels shall provide a minimum of two hundred (200) sleeping rooms.

All hotels and motels shall provide a minimum of continental breakfast to hotel guests and a convenience retail market or pantry with food items available for purchase twenty-four (24) hours, which shall include frozen foods and meals.

Guest services.

Daily housekeeping service shall be available to every guest room at no extra charge.

Staffing shall be available twenty-four (24) hours per day to provide check-in/out services, custodial or maintenance response, or other guest services.

Zoning approvals.

Where not permitted by right within an Overlay District, Hotels and motels are allowed only by Site Plan zoning approval, either Site Plan One (S-P-1) Detailed Site Plan or Site Plan Two (S-P-2) Generalized Site Plan, as applicable. As part of any application for a zoning change to authorize a hotel or motel use, the city staff, planning and zoning commission and/or city council may request an independent third-party market need study for the particular product segment being proposed.

Modifications to the above minimum standards may be requested through the Site Plan zoning process. As part of any such request for modifications to the standards, the city staff, Planning and Zoning Commission and/or city council may request any or all of the following information to assist the staff, commission, and council in determining whether the modifications should be approved:

Product data to include projected daily rate, occupancy, average length of stay (for the brand proposed), and revenue per available room.

Competitive set data to identify brands in the proposed development's competitive set, and projected daily rate, occupancy, average length of stay, and revenue per available room for the competitive set.

Current hotel market segment assessment by an independent third party to determine the market success, financial success, and consumer demand for the proposed development.

Any feasibility studies that may have been completed pertaining to the proposed development.

The city council reserves the right to approve any request for a hotel development or redevelopment not in keeping with all the requirements set forth herein when in its judgment the proposed project will be of such high quality, innovative design, and/or architectural significance so as to complement surrounding development, satisfy an important market demand, or substantially contribute to the physical, social and/or economic well-being of the community and surrounding region.

(Ordinance 2022-10580, § 1, adopted 4/21/2022)

3.11 Industrialized housing.

3.11.1

Zoning district allowed.

In any single-family or two-family (duplex) zoned district, including S-P-1 and S-P-2 site plans providing for single or two-family use and development plans for single-family or two-family use within a PUD, the owner of a tract of land may file an application to allow the installation, construction or location of industrialized housing in such single-family or two-family zoning district in accordance with § 1202.253 Texas Occupations Code, as amended.

3.11.2

Permits required.

Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.

3.11.3

Definition.

"Industrialized housing" means industrialized housing as defined by § 1202.002 of the Texas Occupations Code, as amended.

3.11.4

Project plan requirements.

An application (on a form provided by the director of community development or his designee) for placement of industrialized housing as provided in 3.11.1 above, shall be filed with the department of community development. The application form shall request the information (e.g., pictures of homes within five hundred (500) feet, percentage of masonry on such homes, proof of value of existing and proposed improvements, etc.) necessary to determine if the proposed industrialized housing project plan is in conformance with the following regulations:

Industrialized housing must have a value equal to or greater than the median taxable value of each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll of the appraisal district. For purposes of this subparagraph the "value" of the industrialized housing means the taxable value of the industrialized housing and the lot after installation of the industrialized housing.

Industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located. "Compatible" as used in this subparagraph means similar in application color, materials, pattern, quality, shape, size, slope, and other characteristics, but does not necessarily mean identical. The burden is on the property owner or applicant to supply proof of compatibility.

Industrialized housing must comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision regulations, landscaping, square footage and any other regulations applicable to single-family dwellings.

Industrialized housing must be securely fixed to a permanent foundation.

Industrialized housing may not be constructed in a historic overlay district unless the industrialized housing conforms to the preservation criteria of the historic overlay district.

Industrialized housing may not be installed, constructed or located within a subdivision unless it complies with deed restrictions applicable to such subdivision.

3.11.5

Notice to adjacent property owners.

The applicant shall mail at its expense notice of the requested industrialized housing project by certified mail, (return receipt requested to "Community Development Department") in accordance with criteria set by the director of community development to all property owners as shown by the latest tax roll within five hundred (500) feet of the lot or tract, if unplatted, on which the industrialized housing is proposed, at least ten (10) days prior to the scheduled hearing date of the request before the planning and zoning commission.

3.11.6

Hearing.

The application and project plan for industrialized housing shall be heard by the planning and zoning commission at one of their regular meetings. The planning and zoning commission shall have the power to finally approve or deny the industrialized housing project plan. The planning and zoning commission may add, modify or delete such conditions and restrictions on the granting of the industrialized housing project plan as they may deem in the interest of the public health, safety and welfare.

3.11.7

Project plan compliance with zoning district.

The planning and zoning commission shall not have the power in an industrialized housing project plan to remove a restriction on the use of the property as required by the underlying zoning district.

3.11.8

Effective date.

Any action of the planning and zoning commission on an application shall not become final until the time allotted for an appeal to the city council as provided for below has expired. No building permit for the installation, construction or location of industrialized housing shall be issued until the action or decision of the planning and zoning commission or city council, whichever is applicable, has become final.

3.11.9

Appeal.

In the event that any applicant and/or owner(s) of at least twenty (20) percent of either:

The area of the lots or land covered by the proposed industrialized housing project; or

The area of the lots or land immediately adjoining the area covered by the proposed industrialized housing project and extending two hundred (200) feet from that area, protest or object to the action of the planning and zoning commission in regard to a request for approval of an industrialized housing project plan, such protestant may file with the director of the department of community development an appeal within ten (10) days of the commission's action. The city council shall hear and decide any appeals after the same notification procedures as outlined in 3.11.5 [if the appeal is pursued by the applicant, the cost of such notification is borne by the applicant], and may also make any amendments, modifications, or deletions to the conditions or requirements of said industrialized housing project plan.

3.11.10

Filing fee.

A filing fee in an amount equal to the fee charged for filing a S-P-2 site plan zoning case before the planning and zoning commission shall accompany each request for an industrialized housing project plan.

3.13 Multifamily residential and mixed-use residential development regulations.

3.13.1

Applicability.

The regulations, standards, and criteria of this section 3.13 are deemed to be minimum standards and shall apply to all multifamily residential and mixed-use residential developments within the City of Irving, including those permitted by Chapter 218 of the Texas Local Government Code.

The regulations of section 3.13 shall not apply to multifamily residential and mixed-use residential developments in the Heritage Crossing District (HCD).

3.13.2

Recommendations and guidelines.

In addition to broad considerations of health, safety and welfare, the following criteria provide some preferred guidelines in designing a plan for development. The relevance of these factors to any particular project depends upon the site location, site characteristics, and the size of the proposed multifamily or mixed-use residential development.

Urban design.

Enhance streets and open spaces through the orientation of buildings, walls, and other site features.

Provide for a variety of building types and densities.

Cluster larger and taller buildings at activity centers.

Encourage areas of high density only where mass transit and pedestrian accommodation are integral components of area planning.

Promote building forms that will respect and improve the integrity of open spaces and other public areas.

For small and/or infill multifamily and mixed-use residential development, reinforce existing patterns in established neighborhoods by integrating new multifamily and mixed-use residential buildings into their surroundings, i.e., through setbacks, building separation, and compatible architecture.

Access, circulation and parking.

Pedestrian connections should be provided throughout the development based on logical pedestrian desire lines and connect to adjacent pedestrian walkways, bike paths, open space systems, and community facilities and services.

Interior pedestrian connections should be connected to public sidewalks adjacent to multifamily and mixed-use residential developments.

Vehicular circulation throughout the development should be designed to be easily understandable in terms of its function, e.g., major access, front door, parking access, direction.

Surface parking between buildings and streets is discouraged.

Building locations and orientation.

Buildings should be arranged so as to enhance the "public realm."

Buildings should be arranged to take advantage of topography and other natural features of the site.

If possible, buildings should be arranged to provide views of and access to open space, public areas and natural features.

Buildings should be arranged to respect the privacy from other units and adjacent properties.

Buildings should be arranged to create courtyards and public spaces.

A range of building heights should be provided to scale down the bulkiness of large buildings.

Common facilities, i.e., clubhouse and leasing office, should be easily identifiable and accessible.

Buildings and windows should be located to maximize the possibility of surveillance of entryways, pathways, parking lots, bike paths, recreation and laundry areas, following the recommendations of CPTED (Crime Prevention Through Environmental Design). Children's play areas should be sited to allow for clear parental monitoring.

Landscaping should not block surveillance abilities.

Form, density, and unit mix.

The bulk of a mixed-use residential building should be established through the building form, including the height, setbacks, parking, and open space requirements of the project.

A range of unit types and building densities is encouraged within a development to provide options for different tenant needs.

Higher densities should be located in close proximity to activity centers, community facilities and services, public spaces and pedestrian connections in order to provide patrons and contribute to the success and growth of area businesses.

Open space.

Open space should be created within a development that is usable and desirable by the residents, continuous, and provides connection to a larger community open space system, if any.

The open space system should include recreational facilities and amenities to help reduce the need for public open space and recreational facilities.

If a mixed-use residential building is included as part of a mixed-use residential development, open space should include publicly accessible spaces that include features such as public art, water features and green space that are usable not only to the residents but engaging to the general public.

3.13.3

Concept plan required with zoning application.

Applicability.

Unless otherwise prohibited by State law, a concept plan must be approved in conjunction with a zoning application requesting multifamily or mixed-use residential developments. No building permit shall be issued for construction of multifamily or mixed-use residential buildings until such concept plan has been approved pursuant to this section.

A concept plan is intended to provide a community framework showing the context of the proposed development within the area regarding the site location, site characteristics, and size of a proposed development to assist the planning and zoning commission in making its recommendations and to assist the city council in determining whether zoning should be amended to permit multifamily and mixed-use residential dwelling units on the site. The plan shall include the locations and availability of commercial service, public and private amenities, and city facilities.

Concept plan approval procedure.

A multifamily concept plan shall be processed through the zoning process in section 1.12 of the UDC.

Concept plan contents.

A concept plan required by this section shall include, at a minimum, the following elements:

A vicinity map at a scale of not less than one inch equals 2,000 feet.

The location of public parks, trails and open space within the surrounding area to serve the development, and how the plan for this project will fit into an overall open space framework for this area.

The proximity of the development site to convenient shopping, recreation facilities, public facilities and services.

Identification of surrounding zoning districts and use and an analysis of compatibility with the uses in the area.

Identify the housing market to be served by proposed multifamily or mixed-use residential development.

A conceptual land use plan at a scale of one inch equals 100 feet or such a scale as deemed appropriate by city staff for legibility, a map exhibit of the property that includes the following data:

Metes and bounds of all property lines;

Total area of property;

Scale and north arrow;

Names of boundary streets and the width of existing rights-of-way;

Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent, then either one-foot contours or spot elevations shall be provided where necessary;

Preliminary building footprints, height, and number of floors of all buildings, both above and below or partially below finished grade with minimum and maximum ranges;

Access points into the multifamily or mixed-use residential development;

Pedestrian connections within the development and connections to off-site pedestrian-ways;

Indication of areas proposed for preservation of existing trees.

Location, type and size of all easements with the volume and page number where the easement is recorded with Dallas County Deed Records.

Total number of dwelling units and residential density in units per acre.

The approximate gross floor area for each type of use, including dwelling units, by type and size.

Site coverage by building, parking and drives, open space, and usable open space.

If the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases and the installation of public infrastructure improvements to serve each phase.

A note that this plan is to provide a conceptual framework for the proposed development and that the regulations of subsection 3.13.4 shall be followed at the time of building permitting.

3.13.4

Requirements for issuance of building permit.

Applicability.

Except where preempted by State law, any development authorizing new construction of multifamily or mixed-use residential units, conversion of a building from non-residential occupancy to multifamily or mixed-use residential occupancy, or substantial reconstruction of existing multifamily or mixed-use residential developments shall comply with the development standards outlined in this section. Any application for a building permit shall include a detailed site plan which incorporates the following development requirements.

Detailed site plan contents.

The detailed site plan submitted in conjunction with the building permit plans shall contain, at a minimum, the following elements:

A vicinity map at a scale of not less than one inch equals 2,000 feet which demonstrates the location of the project within the city limits.

A detailed site plan of the development that includes the following data at a scale of 1" =100' (one inch equals one hundred feet) or such a scale as deemed appropriate by city staff, and a font style and size to ensure that the notes and detail on the site plan are legible on an 8" x 11" page.

Metes and bounds of all property lines.

Total area of property.

Scale and north arrow.

Names of boundary streets and the width of existing rights-of-way.

Existing topography with a maximum contour interval of two feet to include one-foot contours or spot elevations where necessary.

Location, type and size of all easements shall be indicated along with the volume and page number where the easement is recorded with Dallas County Deed Records.

Number of floors of all buildings, both above and below or partially below finished grade.

The traffic circulation system including the location and width of all streets, driveways, entrances to parking areas and parking structures.

The pedestrian circulation system including pedestrian connections within the development and connections to off-site pedestrian ways and bicycle paths.

The off-street parking and loading areas and structures.

Usable open space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas.

Final architectural elevations of typical proposed structures, including lighting system, intended signage system, and landscaping.

Information contained on a plan or statement showing the location and design of all screening measures and indicating the type and height of such screening.

When the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases.

A copy of any covenants, bylaws, restrictions, maintenance plans, and conditions, if they exist, pertaining to the use, maintenance and operation of private open space area.

A table on the site plan which provides the following information:

Site coverage and area by building, parking and drives, open space, and usable open space.

Total number of dwelling units.

Total gross floor area for each type of use, including dwelling units by type and size.

Total number of off-street parking and loading spaces within surface or structured parking as provided.

Landscape plan showing trees, shrubs, ground cover, and turf areas including plant species and sizes prepared by a registered landscape architect.

Final engineering grading plans.

Compliance with concept plan (if applicable).

Any detailed site plan submitted in conjunction with the building permit shall conform with the approved Concept Plan for the development; provided, however, that the director of Planning or designee may approve minor variations from the concept plan, provided such variations do not change the character or configuration of the development and do not increase the total number of units or density.

Development standards.

The detailed site plan shall comply with the development standards contained in this section:

Building height.

Multifamily and mixed-use residential buildings shall include a minimum of eight occupied stories and shall be greater than 85 feet in height. Occupied stories are those built for residential or commercial occupancy and do not include any levels of a podium parking structure.

Multifamily and mixed-use residential buildings may exceed the minimum building height required in subsection d)1)a above if the overall height of the structure is allowed by the base zoning district.

All multifamily and mixed-use residential buildings located in the urban business overlay district and the high-intensity mixed-use district shall be a minimum of 120 feet high and include a minimum of eight occupied stories.

As used in this section, "building height" shall mean the vertical distance from the grade plane to the average height of the highest roof surface, consistent with the definition set forth in the International Building Code.

Dwelling unit size and mix.

For multifamily and mixed-use residential developments with more than 25 units, a maximum of 50% of the total dwelling units may have the same number of bedrooms.

For multifamily and mixed-use residential developments with more than 50 units, a minimum of 10% of the total dwelling units must also have at least three bedrooms.

Multifamily and mixed-use residential dwelling units shall provide the following minimum average gross square feet per unit:

Type	Minimum
Efficiency	500 square feet
One-bedroom	650 square feet
Two-bedrooms	900 square feet
Three-bedrooms	1,100 square feet
More than three-bedrooms	1,100 square feet, plus 150 square feet for every bedroom exceeding three

Efficiency units shall not exceed 10 percent of total units.

Adequate public facilities.

All land proposed for development, redevelopment, or use conversions in the City must be adequately served by essential public facilities and services. Property shall not be approved for development unless and until adequate public facilities necessary to serve the development exist or until provision has been made for the facilities in accordance with chapter 53, Adequate Public Facilities, of the Land Development Code.

Landscaping and buffers.

Intent.

The landscaping and tree planting requirements of this section are established in order to provide a high-quality environment that contributes to the cooling of the site, shade, and comfort. Plantings shall be installed based on the standards of this section or in alternate locations that meet the intent of the regulation with approval by the city.

Buffer to certain residentially zoned properties.

A minimum 25 feet perimeter landscape buffer area shall be provided contiguous to all side and rear property lines when adjacent to an "R" single family including Zero-lotline, and/or duplex, or townhouse zoning district. The buffer area may be less than 25 feet in the situation where the required setback of the district is less than 25 feet.

Minimum 3" caliper large trees dbh shall be planted within this buffer every 25 feet on center along the entirety of the property line. Two medium trees may replace one large tree up to a maximum of 25 percent of the large tree requirement as determined by the City Forester. Alternate spacing may be approved by the Planning Director if unique conditions warrant.

No parking, driveways, loading areas, dumpsters or other paved or solid surfaces shall be installed in the buffer area.

Perimeter landscaping: to other multifamily and nonresidentially zoned land.

A minimum eight-foot-wide perimeter landscape area shall be contiguous to all side and rear property lines adjacent to other multifamily or nonresidentially zoned land and private access drives.

Within the eight-foot-wide perimeter landscape area there shall be at least one three-inch caliper large tree per 320 square feet in the perimeter landscape area. Two medium trees may replace one large tree up to a maximum 33 percent of the large tree requirement.

Perimeter landscaping: abutting streets.

A minimum twenty-five-foot-wide landscape area adjacent to abutting streets shall be maintained (except for driveways and pedestrian walkways).

Within the twenty-five-foot-wide landscape area adjacent to abutting streets there shall be at least one three-inch caliper large tree dbh every 40 feet on center, ideally within 10 feet of the public sidewalk. Two medium trees may replace one large tree up to a maximum 33 percent of the large tree requirement, or as determined by the City Forester, provided that the selected tree will provide an adequate canopy and shade to the public sidewalk.

Landscaping adjacent to buildings.

A minimum twelve-foot-wide landscape area adjacent to principal buildings shall be maintained (except for garage access riverways and pedestrian walkways).

Within the twelve-foot-wide landscape area adjacent to principal buildings there shall be at least one three-inch caliper large tree per 480 square feet in the landscape area. Two ornamental trees may replace one large tree up to a maximum 33 percent of the large tree requirement.

Tree planting in other areas.

There shall be at least one three-inch caliper large tree per 1,500 square feet in open spaces. Two ornamental trees may replace one large tree up to a maximum 33 percent of the large tree requirement. Large or medium trees of a species compatible with the location as determined by the City Forester shall be planted every 40 feet on center adjacent to the street right-of-way nearest to the sidewalk where possible.

Shrub plantings.

There shall be a minimum of 14 shrubs planted per first floor unit.

Selected plant list.

A developer may select trees and shrubs from the list of approved trees and shrubs contained in UDC, section 4.5 (Landscaping and Trees) or as otherwise approved by the City Forester.

Tree preservation and credit.

In areas where existing three-inch caliper or greater or protected trees have been preserved, tree credit will be given in accordance with UDC section 4.5.8 (tree conservation requirements). Replacement of three-inch caliper trees shall be in accordance with section 4.5.9 (tree replacement) and the tree list most recently adopted by the City Council and as approved by the City Forester.

Tree planting in or near easements.

If a utility easement conflicts with this section, trees should be planted in the nearest location to the easement in order to meet the intent of the section. Trees may be selected that are more compatible with the function of the utility, in cooperation with the City Forester.

Heavily landscaped courtyard.

Courtyard landscaping shall include at least one three-inch caliper large tree and three five-foot to six-foot-high small ornamental trees per 1,300 square feet.

Irrigation.

An automatic underground sprinkling system shall be provided for all planted areas. Drip irrigation is suitable as appropriate.

Xeriscaping.

Utilization of native plants and other low water plants is encouraged. Plantings may be clustered which shall include a variety of textures and height with complimentary hardscape.

Wheel stops.

Curbs or wheel-stops shall be installed between parking and landscape areas.

Replacements.

Dead plants and trees shall be promptly removed and replaced with plants of similar size and caliper at the time of removal.

Open space and recreational amenities.

Overall open space.

A minimum of 20 percent of the gross area of the property must be provided as open space. Open space shall be areas "open to the sky" and does not include buildings, driveways, parking areas, or other surfaces designed or intended for vehicular travel.

All open space areas shall be covered with grass, ground cover, shrubs, flowers, hardscape construction (i.e., stamped pavers, brick, exposed aggregate, paving, etc.) or consist of recreational facilities (i.e., swimming pool, ball court, trail, etc.).

Areas with pavers designated as only a fire lane may be included in the calculation, provided they are not a primary vehicular drive and are intended to be usable for recreation.

Pool and deck areas on the top of the roof of a multifamily or mixed-use residential structure shall not be calculated toward overall open space.

Usable/improved open space.

A minimum of 40 percent of the required open space must be provided as usable or improved open space including required amenities.

Function.

Usable open space includes areas that are developed and maintained as natural or passive greenspace as well as improved areas where recreational facilities are designed, constructed and intended to be used for outdoor living, recreation or amenity for children and adults. The improved spaces should be centrally located and connected by internal sidewalks so as to be easily accessible by all residents of the complex.

Dimensions of usable open space.

Usable open space should have a minimum area of 900 square feet with a minimum dimension of 30 feet in any direction; however, it is recognized that usable open space can be of a smaller minimum dimension or area provided it meets the intent of this section. Property within required front building setbacks and street frontage setbacks shall not be included in calculating usable open space. Distances between buildings that can be used by the residents as passive open space may be included provided that minimum dimensions are adhered to.

Ground cover and paving.

Passive usable open space shall be fully accessible for passive recreational activities.

Required amenities.

Required recreational amenities within the improved open space include one swimming pool and deck area, an adequately sized and functional fenced dog park, a walking/jogging trail within or around the site, and a playground including a minimum of three pieces of equipment.

Roof top facilities.

Roof top pools, decks, and other structured outdoor activity space shall count toward the required usable improved open space.

Elective amenities.

One additional amenity is required and may include additional swimming pool(s), ball courts, outdoor kitchen and grill area, fire pit lounge area, or public art and fountains. Other types of amenities not listed may be considered and approved by the Director of Planning that meets the intent of this section.

Usage of floodplain.

While floodplain and required detention/drainage areas may be developed for open space if preferred, these areas shall not be included in the calculation for overall or usable open space.

Shade and furnishings.

Open space shall include shaded spaces through the proper placement and planting of large canopy trees and/or shade structures especially where adjacent to recreational facilities, trails, seating areas, dog park(s), etc. One large shade tree shall be provided per each 3,000 sq. ft. of usable open space. Site furnishings including seating, waste receptacles including within the dog park, and pedestrian scaled lighting shall also be installed and maintained in these areas for use by the residents of the development.

Private outdoor space.

Balconies.

Balconies shall be provided for each residential unit. Balconies shall be a minimum of 60 square feet and minimum six feet in depth. All open balconies must remain open and not be enclosed after occupancies.

Ground floor units.

Ground floor units shall have a minimum of 120 square feet of outdoor patio space accessible directly from the unit. The outdoor spaces shall be encompassed by maximum four foot tall, 50% open wrought iron fencing. Patios fronting on a public street shall be screened with material compatible with the project or with shrubs.

Patios and balconies shall not be calculated in the minimum 20 percent open space requirement.

Parking.

Site plan.

The detailed site plan shall identify the unit count and provided parking count and location, including any parking spaces dedicated for recreation facilities, amenities, leasing office, etc.

Parking between residential building and street.

No parking shall be allowed in the front yard nor between a residential building and a public or private street except for a limited number of spaces provided for a leasing office. If the front yard abuts a freeway or expressway, parking is allowed beyond a fifty-foot-wide buffer from the freeway or expressway. Where this occurs, parking shall be screened from the freeway or expressway per subsection c below.

Screening of parking lot.

A continuous solid visual screen shall be provided between parked cars and any adjacent public or private street by a hedge of shrubbery and/or a landscaped berm with a minimum combined height of 36 inches at the time of planting, not to exceed 48 inches for visibility. Shrubs shall be planted a maximum of 36 inches apart.

Landscaped parking lot islands.

Landscaped islands a minimum width of eight square feet shall be provided between no more than every 10 covered or uncovered parking spaces and planted with a minimum of one three-inch caliper dbh large tree or five- to six-foot-high small ornamental tree. Low impact design (LID) concepts for storm water collection and runoff should be used within these landscaped areas in conjunction the engineering of the parking lot, including the grading and plant selection that support LID.

Covered parking.

A minimum of 50% of surface parking spaces shall be covered. Where provided, carports shall not be located closer to an abutting street than the closest principal use structure.

Compact spaces.

No compact spaces shall be permitted per section 4.4.3 (off-street parking requirements) of the UDC.

Tandem spaces.

Tandem parking spaces may not be located in front of a parking space under a carport. Tandem parking spaces meeting the minimum dimensional requirements for a parking space may be located in front of an attached enclosed garage and credited toward the minimum parking requirements. Such tandem spaces shall not extend into any fire lanes, drive aisles or other parking spaces.

Oversized item parking.

Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided and designated. These areas should be screened from adjacent streets and residences. Special vehicular parking may not be used to meet the standard parking requirements.

Bicycle storage.

Minimum of one fully enclosed (all sides and top) and secure bicycle storage room or locker shall be provided to accommodate one bicycle space per five units (20%). One room shall be provided for each four buildings and conveniently located for access by the residents of the buildings. Individual living units may be designed to provide interior space for bicycle storage.

Structured parking screening.

If structured parking is provided, the garage should be located as to minimize the frontage of the garage onto a public or private street and not face single-family residential zoned or used property. The garage facade shall be screened from public view with architectural or vegetated screening.

Access.

To public right-of-way.

Driveway locations and spacing onto the public right-of-way shall be coordinated with the transportation department based on the most recently adopted Traffic Access Management Manual.

Internal driveways.

Internal circulation drives shall be clearly defined either by curbs and landscaped islands, or where parking is adjacent to an interior circulation-way, the travel-way shall be articulated by the required landscape islands and tree plantings. Driveways within the development that allow two-way directional flow shall be a minimum of 24 feet or as required by the International Fire Code, if serving as a fire access road.

Driveway easements on adjacent lot.

A platted private access drive on an adjacent lot may be used as a secondary point of access, provided an easement is obtained and the width is adequate for the number of vehicles served.

Pedestrian connections.

Public sidewalks.

Sidewalks are required adjacent to all streets and shall be coordinated with the transportation department based on the most recently adopted Traffic Access Management Manual.

Internal sidewalks.

Private sidewalks internal to the development a minimum of five feet in width shall be provided from principal use structures to the public street and transit connections, amenities, office, laundry facilities, etc. Internal pedestrian connections shall be constructed of stone, slate, exposed aggregate concrete, plain concrete, or concrete pavers, in compliance with ADA requirements.

10)

Perimeter wall, fences and screening.

Screening wall to single family.

A minimum eight foot high solid screening masonry wall shall be constructed adjacent to any property line which abuts any "R" residential zoning district classified as single-family, zero-lot line, duplex, or townhouse. The fence shall be constructed of masonry materials which are compatible with the color and texture of the nearest main building of the multifamily or mixed-use residential development. Articulation is required for walls 70 feet or longer which abut fronting streets, i.e., plane change, height variation, open fence, etc.

Heights.

Perimeter wall used for security and/or sound barrier: Eight feet.

Interior fence used for screening: Six to eight feet.

Other perimeter or interior fence: Four feet.

Fences for individual unit spaces shall not exceed four feet in height and no less than 50% open.

Fences interior to the development.

Interior fences should be limited to those only necessary for security, sound barriers, and screening purposes, and therefore encouraging open areas. Open fencing is preferred over solid fencing and landscaping is preferred for screening over fencing.

Within front yard.

Solid walls or fences are not permitted in the front yard between the street and the required perimeter landscape areas. Fences in these areas shall not exceed six feet in height and be constructed of wrought iron and a minimum of 50% open.

Dumpster screening.

Screening enclosures shall be provided for refuse and recycling dumpsters, mechanical equipment, and maintenance yards in accordance with section 33-8.1 (location and screening of commercial containers) of the Irving Code of Civil and Criminal Ordinances.

Screening of facilities.

Maintenance storage areas, air conditioning compressors, loading areas, and roof-mounted equipment which rises above the roof line or parapet, trash and recycling containers, utility boxes, and maintenance facilities shall either be housed in closed buildings or otherwise screened from public view. Such screening shall be provided by a solid fence or wall.

11)

Amenities.

Required amenities.

A multifamily or mixed-use residential development shall provide laundry connections within each unit, gym/fitness center(s), club house, and business/remote work center(s).

Elective amenities.

A minimum of two additional amenities are required so as to increase the resident experience and may include a yoga room, media room, pet washing station, car wash area, bicycle repair center within a storage room, package lockers, private garages, and private storage units. Other types of amenities not listed may be considered and approved by the Director of Planning.

Recycling center.

Developments of 250 units or greater shall have a minimum area of one nine feet by 20 feet designated for an on-site recycling center. Recycling centers shall not encumber access to required parking spaces.

12)

Signage.

Entry signage.

A directory shall be provided at or near the entrance identifying buildings and access throughout the development.

Sign code.

All signs including building identification signs and directional signs shall be in accordance with chapter 7, Billboards and Signs, of the City's Land Development Code.

13)

Lighting.

Lighting plan.

A lighting plan describing exterior illumination layout and fixture selection must be approved by the Building Official prior to construction.

Shielded.

All outdoor lighting shall be directed and shielded as necessary so as to avoid glare and excessive light spillage on adjacent property and streets.

Concealed sources.

Exterior building lighting shall have concealed sources of illumination and maintain lighting levels consistent with the recognized standards of the lighting industry.

Illumination.

Provide lighting with a minimum one-half footcandle and average one footcandle in all parking areas and drives. Lighting fixtures in parking areas and drives shall not exceed 30 feet in height.

Fixtures.

Lighting fixtures along sidewalks and pedestrian connections are recommended and shall not exceed 15 feet in height. Lighting shall not exceed an average one-half footcandle except as necessary for recreation facilities, i.e., for tennis courts, lighted play fields, etc.

14)

Accessory structures.

Locations.

Accessory structures may be located between an adjacent street and a main building, or between a property line abutting single-family zoning and a main building. Such structures and uses shall be located within the interior of the site, screened from view by main buildings, unless adjacent to other multifamily or nonresidentially zoned land.

15)

Architecture.

Exterior veneer.

The exposed exterior wall area, exclusive of doors, windows, and covered porch, breezeways and corridors shall be a minimum of 75 percent masonry veneer, stucco, or other similar low maintenance cementious material as permitted by the International Building Code. The remaining 25 percent of exterior wall area should be of an alternate color, texture or material excluding wood siding or fiber board.

Elements.

Buildings containing three or more attached dwellings in a row shall incorporate one or more architectural elements such as gables, chimneys, balconies, changes in wall plane, or other architectural elements.

Ground floor unit entry features.

Multifamily and mixed-use residential units with ground floor entry shall include functional exterior features such as stoops, covered porches, and enclosed front patios to engage the building to the public street and sidewalk.

Garages and carport treatments.

Garages and perimeter carports shall be constructed with compatible architectural treatment with other site elements, including pitched roofs, enclosed gables and roof materials which match the main buildings.

16)

Roof articulation.

Roof articulation such as changes in plane or use of traditional roof forms shall be incorporated into project design. Articulation may be achieved by changes in plane and/or the use of traditional roof forms including, but not limited to, gables, hips and dormers.

3.13.5

Mixed-use standards.

Intent.

Residential mixed-use development should be designed to provide a walkable, pedestrian-oriented environment in which building form and public spaces work together to support an engaged and active community. The area should establish a network of short, interconnected street blocks with active frontages that include wide sidewalks, street trees, porches and shade structures, pedestrian-scale lighting, and transparent windows for engagement with the pedestrian and security. Transit facilities or mobility hubs and residential options at the perimeter are connected by clear walking paths to the mixed-use core.

Required nonresidential uses.

In all areas zoned for mixed-use, a multifamily residential or mixed-use residential development shall contain a minimum of 35% nonresidential uses.

Commercial ready ground floor.

The commercial spaces on the ground floor shall be constructed to be commercial-ready. The shell tenant spaces shall be initially constructed to meet commercial building codes including the utility connections necessary to accommodate a commercial business and be readily customizable for a use such as a restaurant, retail, or service operations. The first level floor to ceiling height shall be a minimum of 14 feet and each unit shall have direct front door access to the public sidewalk. Windows in commercial spaces along the sidewalk frontage shall be transparent and extend from two feet to 10 feet within the pedestrian zone. The space should meet accessibility and sanitary facility requirements as well as adequate utility connections and metering designed for the various commercial uses that could occur in the space.

3.13.6

Supplemental performance standards and bonus.

If applicable, upon submittal of an S-P-1 or S-P-2 district rezoning application, or if in a PUD district submittal of a development plan application, accompanied by a consistent concept plan application an increase in density of one dwelling unit per acre may be authorized for each 25 percent of the total number of dwelling units on site which are provided with private attached enclosed garages, up to a maximum of two additional dwelling units per acre; if it is determined that the density increase shall not create detrimental effects on adjacent properties or to the neighborhood in which the development is situated. The decision of whether to grant a density increase is discretionary.

3.13.7

Variance to development standards.

Variances to these standards may be granted only in accordance with the provisions of the Unified Development Code (UDC).

The applicant may request a variance to any of the development standards contained herein on platted lots or parcels if the following conditions are met:

The variance is in harmony with the general purpose and intent of these regulations.

The variance will not adversely affect the use of neighboring properties.

The variance will not be detrimental to the general health, safety and welfare of the community.

3.13.8

Filing fees.

Filing fees in accordance with the most recent schedule of fees adopted by the City Council shall be submitted as applicable.

3.13.9

Informational sign.

If a building permit for multifamily or mixed-use residential development is approved for construction on a parcel not zoned for residential uses, a four foot by eight foot sign shall be posted on the site providing information to the public as provided below. The sign shall have a white background with black Arial font and be legible from a public street. The sign shall be located within 50 feet of the abutting street, or as approved by the Director of Planning. The sign shall remain visible and unobstructed during the entirety of the construction period and be maintained so as to remain legible at all times. The informational sign may only be removed after receipt of the final Certificate of Occupancy.

NOTICE OF CONSTRUCTION (Heading minimum 700 point)

(Message minimum 400 point):

A (#) unit multifamily (mixed-use residential) project will be developed on this site.

The use is permitted by Chapter 218 of the Texas Local Government Code and was not authorized through the City of Irving's zoning process.

Scheduled project completion date is_____.

Contact (minimum 300 point)

For more information, please contact (insert developer name) at (insert email at minimum) or visit (developer's website).com

https://irvingtx.gov/multifamily-by-right

(Ordinance 2025-11165 adopted 8/28/2025)

3.14 Nondepository financial institutions.

3.14.1

Definitions.

Nondepository financial institution.

Any check cashing business, payday advance/loan business, or car title loan business, as defined in this section. This definition excludes:

A state or federally chartered bank, savings and loan association or credit union, or a pawnshop;

Any business that grants or brokers "tax refund advance" loans or other such loans whose value is based on the value of a federal income tax refund due to the consumer; and

A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least seventy-five (75) percent of the total gross revenue generated on site.

Check cashing business.

An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that provides one (1) or more of the following:

An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;

An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or

The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Payday advance/loan business.

An establishment, entity, or person registered with the Texas Secretary of State as a Credit Services Organization (CSO) under Section 393 of the Texas Finance Code that engages in any of the following activities:

Acts or operates as a loan broker between consumers and lending companies;

Issues a "letter of credit" or similar document on behalf of a consumer to a lender;

Collects any or all of the following fees:

A referral fee for referring a consumer to lending company;

An application fee for filling out the CSO documents; or

Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer; or

Requires the consumer to provide the CSO or lending company with a postdated check or authorization to make an electronic debit against an existing financial account.

Car title loan business.

Acts or operates as a loan broker between consumers and lending companies;

Issues a "letter of credit" or similar document on behalf of a consumer to a lender;

Collects any or all of the following fees:

A referral fee for referring a consumer to lending company;

An application fee for filling out the CSO documents; or

Interest on the funds distributed to the consumer, or payments based on the amount of money distributed to the consumer.

The CSO or lending company uses a consumer's vehicle title as collateral for a loan.

3.14.2

Applicability.

The following regulations shall apply to all new establishments seeking to obtain a certificate of occupancy as a nondepository financial institution, including new buildings or in any existing building or portion of a building.

No new nondepository financial institution may be located within one thousand (1,000) feet of another nondepository financial institution, measured in a direct line from property line to property line.

No new nondepository financial institution may be located in a building that is closer than five hundred (500) feet from the rights-of-way of State Highway 183, State Highway 114, State Highway 161/President George Bush Turnpike, Interstate Highway 635, Loop 12, Spur 348, Spur 482, or State Highway 356 (Irving Boulevard).

No new nondepository financial institution may be located on a property whose lot line is less than two hundred (200) feet from any single-family residential property line that is zoned for single-family, duplex, or townhouse uses.

Parking requirements for nondepository financial institutions.

All nondepository financial institutions located within a freestanding building with no other commercial tenant shall provide a minimum of twenty-five (25) parking spaces or one (1) parking space for every one hundred (100) square feet, whichever is greater. All parking shall be located on site. Notwithstanding other provisions set forth in this ordinance, all required spaces must be on site, and shall not be provided through a shared parking agreement, shared parking easement, or on any other off-site location through any method or agreement.

All other nondepository financial institutions that are not subject to the preceding provision shall provide one (1) parking space for every one hundred (100) square feet of gross floor space.

If there is any conflict between this section 3.14 and an adopted S-P-l, S-P-2, or development plan in a PUD district, the more specific standard shall apply.

Modifications of the requirements outlined in this section may be accomplished through either an S-P-l (detailed site plan) or a development plan in a PUD district.

3.14.3

Existing nondepository financial institutions.

It is the declared purpose of this section that in time all nondepository financial institutions shall come to conform to the provisions of this section.

A nondepository financial institution that does not conform to these standards and that existed lawfully on the date the use commenced shall be deemed a nonconforming use. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.

If a nondepository financial institution ceases operations at a particular location for at least thirty (30) consecutive days, or a certificate of occupancy for a different type of use is issued for the same location, a new certificate of occupancy shall not be issued for a new nondepository financial institution at that location without first complying with all the requirements of this section 3.14.

With the exception of subsection 3.14.4(c) above, existing nondepository financial institutions as of April 23, 2009, that do not comply with the requirements of subsection 3.14.2 shall be governed by the provisions of Chapter UDC-7, Nonconformities.

3.15 Railroad rights-of-way and tracks.

3.15.1

Railroad rights-of-way and tracks shall be permitted within any zoning district established and created by this ordinance except that passenger stations, railroad yards, switching tracks and loading facilities shall be located only in a district authorized and permitted by this ordinance.

3.16 Self storage—Mini warehouses.

3.16.1

Applicability.

This section applies to all new building permit applications, and all repair, redevelopment or expansion of existing facilities in which the repair, redevelopment or expansion exceeds fifty (50) percent of the appraised value as determined by the Dallas Central Appraisal District or exceeds fifty (50) percent of the total gross floor area.

3.16.2

Facility standards.

Loading area.

Buildings with individual entry to exterior units shall have the following:

A continuous loading area that is a minimum eight (8) feet in width shall be provided along any building side where there is access to individual storage units for parking and loading.

The loading area(s) shall be in addition to and outside of any fire lane or drive aisle.

Buildings with interior entry to units shall provide a minimum of one (1) loading area for every seventy (70) units.

Parking.

A mini-warehouse or self-storage facility shall adhere to the following parking requirements:

Buildings with individual entry to exterior units: 1 space per 20,000 square feet of leasable storage space.

Buildings without individual entry to exterior units: 1 space per 7,500 square feet of leasable storage space.

Office and retail accessory uses: 1 space per 250 square feet.

On-site residence for manager: 2 spaces.

No fewer than seven (7) spaces shall be provided, with at least five (5) spaces located outside any gated or controlled access area. Compact car spaces are not permitted.

Screening.

Buildings with individual entry to exterior units.

Buildings on the perimeter of the site shall be connected by masonry fences a minimum of eight (8) feet in height, except at the entrance area where wrought iron fencing may be used. Maximum height shall be ten (10) feet.

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.

Setbacks.

The front, side and rear building setback lines of the zoning district in which a mini-warehouse facility is to be built shall apply to the construction of a mini-warehouse facility; however, said setbacks shall not be less than ten (10) feet when the property is adjacent to any residentially-zoned or residentially-used property.

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.

All signage shall be prohibited on roofs.

Lighted signage shall not face adjacent property zoned for or used as a residential use.

Lighting.

Outdoor lighting shall be shielded from adjacent property zoned for or used as a residential use, and shall not be a brightness that causes an ambient glow that extends into such property. No pole lights taller than fifteen (15) feet shall be permitted.

Indoor lighting shall be shielded from adjacent residential uses and shall not be a brightness that causes an ambient glow that extends into a residential property.

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 for more than twenty-four (24) hours is prohibited, except as noted herein.

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.

Vehicles, trailers and related equipment may be rented or leased on site as an accessory use to the mini-warehouse use. However, no more than three (3) vehicles, trailers and/or related equipment that are for rent or lease may be parked, displayed or stored in front of a front building line for more than twenty-four (24) hours.

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.

3.17 Sexually oriented businesses.

3.17.1

Notwithstanding any other provision of this ordinance, a sexually oriented business as defined in either V.T.C.A., Local Government Code Chapter 243 or Chapter 46 of the Code of Civil and Criminal Ordinances of the City of Irving, shall be an allowable use only in the following districts: C-W, ML-20, ML-20a, ML-40, ML-120, and in an S-P-1 or S-P-2 district which specifies C-W, ML-20, ML-20a, ML-40, ML-120 or sexually oriented businesses as principal uses.

3.18 Outside storage.

3.18.1

General.

Building materials.

Building materials or debris associated with construction or demolition are permitted if:

A valid building or demolition permit is in effect and for which reasonable progress is being made, or if it is associated with work of a nature for which no permit is required; and

The materials or debris are stored on site for only one period of time no longer than ten (10) consecutive days within any six-month period.

Trash.

Trash, garbage, or other refuse may not be stored outside on a property unless it:

Is in a container, bag, or dumpster as approved by the city; is awaiting pickup by the city or other sanitation service; and is placed in compliance with Chapter 33 of the Code of Civil and Criminal Ordinances (Refuse, Garbage, and Weeds); or

Consists of only lawn and/or landscape clippings.

Storage prohibited.

Outside storage of the items listed below are not permitted in any district.

Motor vehicle parts and accessories including, but not limited to, engine, transmission, electrical, suspension parts, as well as tires, wheels, hubcaps, and other motor vehicle parts.

Appliances not designed for outdoor use.

Tools or mobile or mechanical equipment not connected to the principal use, unless the applicable district allows outside storage as a primary use.

Boxes.

Parking of vehicles generally.

No parked vehicle shall encroach into the street or alley right-of-way or driveway or public access easement. Any sidewalk in the right-of-way or alley including that part of the driveway that is a sidewalk must remain clear and unobstructed.

Storage of items not specifically listed.

Outside storage that is not specifically listed may be permitted, if it is found that the outside storage is:

No greater than reasonably necessary to the lawful use of the property;

Of an object or type that is of a minor nature; and

Of a type which is traditionally or commonly associated with the principal use of the property.

3.18.2

Outside storage in residential districts.

Vehicle storage in residential districts.

Any camper top, motor or recreational vehicle (RV), boat, motor home or travel trailer may be stored on a residential property, provided the parking area:

Is adequately sized and:

Paved with concrete or asphalt of sufficient strength to support the weight of the vehicle, boat, or trailer; or

Is behind the front wall of a building, adequately sized, and paved with gravel, stone, or a like material with a minimum uniform depth of two (2) inches with a containment border that minimizes the spread of the material; or

Is behind the front wall of the primary structure and screened on all sides by a six-foot blind fence or a building wall.

Is continuously connected to a street, alley, or driveway by a similarly improved surface at least nine (9) feet wide, or by two (2) fourteen-inch-wide parallel ribbons of similarly improved surface. Any driveway expansion or installation providing access to a gravel storage area within a side or rear yard must be concrete or asphalt.

Any camper top, motor or recreational vehicle (RV), boat, motor home or travel trailer which is not located on an approved parking surface shall not be considered stored while it is being actively washed.

No motor vehicle may be stored on a residential lot which is:

Inoperative and lacking valid registration sticker; and

Either:

Showing external damage to the body or frame; or

Partially and visibly dismantled.

No RV or travel trailer shall be used for residential purposes for longer than 3 consecutive days while stored on a residential lot.

Commercial vehicles.

The parking of any commercial vehicle or conveyance from the following list is prohibited in a residential district:

Vehicle of three (3) axles or more;

Bus;

Truck tractor;

Commercial vehicle of rated capacity in excess of one and one-half (1½) tons according to the manufacturer's classification;

Cargo van, bobtail truck, or flatbed truck or trailer; or

Tow truck.

Loading and unloading.

It shall be an affirmative defense to 3.18.2(a)(5) that a person is actively using a parked commercial vehicle to load, unload, move, or deliver furniture or other household goods to or from the residence at which it is parked for no more than seventy-two (72) consecutive hours.

Vehicle repair in residential districts.

Residents may conduct repair of their personal vehicles on property which serves as their primary home.

A resident of a home may make automotive repairs to their own motor vehicle that is not externally damaged or dismantled.

Any externally damaged or dismantled vehicle may be actively under repair by the resident of the property:

For no greater than one (1) period of time no longer than three (3) consecutive days within any six-month interval; and

Provided that only one (1) such vehicle may be under repair outside at a time.

Vehicle storage in single family residential districts.

Maximum number of vehicles. The parking of more than six (6) motor vehicles on the lot or tract is prohibited. Properties greater than ½ acre may store no more than ten (10) vehicles, provided they are located to the side or rear of the primary structure and on a paved surface.

Parking in the side or rear yard is only permitted if the vehicle is on an improved surface and screened from view from any street, alley, public right of way, or adjacent private property zoned or used for residential purposes by:

A solid opaque fence or wall at least six (6) feet in height;

Vegetation consisting of a solid hedgerow or evergreen shrubs, or trees and shrubs, providing full screening year-round from the ground to a minimum height of six (6) feet;

Any combination of the above that effectively conceals the vehicle from view and accomplishes the required screening height; or

Any other form of compatible and appropriate screening as determined by the building official.

Accessory items.

Outside storage of accessory items such as furniture, yard swings, waterscape, art form, barbecue grills, outdoor equipment, and children's playground equipment and toys for the use and enjoyment of a residence is allowed, provided:

That the furniture (including landscape structures-gazebos and arbors), yard swings, waterscape and art forms are designed and made for outside use, are in good condition, and are not deteriorated;

That barbecue grills, outdoor equipment (including spa, hot tub, deck, FCC approved satellite dish antennas, animal enclosures, patio covers) remain in rear yards;

That children's playground equipment and toys and outdoor equipment, other than spa and hot tub, are in side or rear yards; and

That a spa or hot tub in a side yard is screened by a minimum six-foot blind fence.

3.18.3

Outside storage in nonresidential districts.

Storage allowed.

Outside storage is allowed if permitted as a principal or accessory use in the individual zoning district.

No inventory or supplies for a business shall be stored outside in a commercial zoning district or other district where outside storage is not permitted as an accessory use.

Inventory or supplies for a business or storage of chemicals are permitted only as allowed in the zoning district.

Merchandise for sale.

Retail storage and sales may be permitted in a zoning district which specifically allows retail sales as a principal or accessory use, if the merchandise:

Is displayed within five (5) feet of the front of the principal building or structure which is fully enclosed; however, merchandise consisting of plants and landscape materials are permitted within thirty (30) feet from the outside wall of the principal building or structure which is fully enclosed;

Is not stacked higher than six (6) feet;

Is not stacked on a trailer;

The items displayed do not pose any threat to public health or welfare (e.g., tires, receptacles, or containers that can harbor mosquitoes, rodents, vermin, or disease-carrying pests);

Does not violate any city ordinance or state law related to public health or welfare;

Is at least fifteen (15) feet from a public right-of-way;

Is at least three hundred (300) feet from property zoned, used for, or adjacent to single and two-family districts as measured in a straight line from the merchandise to the property line of said single-family or duplex property, unless merchandise is screened from view of said residential property by six (6) feet or taller screening devices consisting of buildings, blind fences, berms, or a combination of the same, located on the property of the retail establishment;

Is not located within required landscaped areas, required parking areas, required walkways, fire lanes, fire access ways, exit ways or accessible routes of travel as defined by the city building codes; and

Is located upon a totally paved surface consisting of concrete or asphalt. The requirement of location on a totally paved surface shall not apply when all the merchandise outside is contained within an area no larger than one hundred (100) square feet.

Vehicle storage.

No vehicles shall be stored on any property which is not zoned for outside storage as a primary or an accessory use or associated with an auto repair business.

Except as provided in subsection (d) below, no motor vehicle may be stored which is:

Inoperative and lacking a valid registration sticker; and

Either:

Showing external damage to the body or frame; or

Partially and visibly dismantled.

It shall be unlawful to allow a motor vehicle that is inoperable and more than five (5) years old to be left unattended on public property for more than forty-eight (48) hours;

It shall be unlawful to allow a motor vehicle to remained illegally on public property for more than forty-eight (48) hours;

It shall be unlawful to allow a motor vehicle to remain on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours.

Vehicle storage as part of commercial auto or truck repair.

An auto repair garage or auto service center for which a Certificate of Occupancy has been issued may store a vehicle that was actively under repair or being held for repair if the business meets the requirements of Section 3.2 "Auto Service and Repair" of the Unified Development Code.

Repair of large commercial vehicles, including semi trucks and trailers, construction equipment, and similar non-passenger vehicles, shall be considered an industrial use and allowed only as permitted in the Nonresidential Land Use Table as found in Section 2.5.2 of this code.

3.18.4

Enforcement; penalty.

It is unlawful for any person to intentionally or knowingly allow, permit, conduct, or maintain any outside storage on any lot or tract within the City of Irving. Each day during which outside storage occurs is a separate offense.

A person who violates any provision of this chapter commits an offense, and upon conviction, shall be punished by fine not to exceed two thousand dollars ($2000.00).

(Ordinance 2023-10703, § 1, adopted 2/9/2023)

3.19 Wireless telecommunications facilities.

3.19.1

Regulations and requirements.

Notwithstanding any other provision of this ordinance, telecommunications antennas, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

For the purpose of this section the following words and phrases shall have the meanings ascribed to them as follows:

The term "telecommunications tower" means a structure more than ten (10) feet tall, built primarily to support one (1) or more telecommunications antennas.

The term "telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, and dishes, and omnidirectional antennas, such as whips, but not including satellite earth stations.

The term "telecommunications antenna" means an antenna used to provide a telecommunications service.

The term "antenna array" means a structure attached to a telecommunications tower that supports a telecommunications antenna.

The term "whip antenna" means an omni-directional dipole antenna of cylindrical shape which is no more than six (6) inches in diameter.

The term "non-whip antenna" means an antenna which is not a whip antenna, such as dish antennas, panel antennas, etc.

The term "EIA-222" means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures".

Telecommunications towers.

Telecommunications towers shall be permitted only in an S-P-1 site plan district under section 2.7.3 of this ordinance after the applicant has made a written request for a change in zoning under said section 2.7.3 of this ordinance to permit such use.

The site plan to be submitted pursuant to said section 2.7.3 shall satisfy all of the requirements of section 2.7.3 and the following additional requirements:

Tower height, including antenna array, may not exceed one hundred twenty (120) feet.

Telecommunications towers must be a minimum of two hundred (200) feet or three (3) to one (1) distance to height ratio, whichever is greater, from structures used for residential purposes.

New telecommunications towers must be a minimum distance of five thousand (5,000) feet from another telecommunications tower.

All guys and guy anchors are located within the buildable area of the lot and not within the front, rear, or sideyard setbacks and no closer than five (5) feet to any property line.

The base of the tower is enclosed by security fencing.

Equipment buildings must be similar in color and character to the main or adjoining building or structure or blend with the landscaping and other surroundings immediately adjacent to it and be screened by a chain link or wrought iron fence with evergreen hedge, a blind fence, or a masonry wall.

The tower is erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.

A telecommunications tower must be:

Used by three (3) or more wireless communications providers; or

Designed and built so as to be capable of use by three (3) or more wireless communications providers including providers such as cellular or PCS providers using antenna arrays of nine (9) to twelve (12) antennas each within fifteen (15) vertical feet of each other with no more than three (3) degrees of twist and sway at the top elevation and the owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application.

All towers will be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure.

No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law.

The need for the requested site and the nature of any existing sites shall be documented and the manner in which the rezoning will promote the City of Irving's telecommunications policies shall be demonstrated.

Telecommunications towers should be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers.

Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness to minimize visual impacts on the surrounding area and in accordance with the following policies:

Ensure that the height of towers and monopoles has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate.

Demonstrate that the selected site for a new monopole and tower provides the least visual impact on residential areas and the public way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, treecover, topographic features, and buildings or other structures to the maximum extent feasible.

Place telecommunication facilities to ensure that historically significant landscapes are protected. The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities.

The commission may recommend a variance and the council may grant a variance to a requirement for telecommunications towers when it is determined that such a variance better accomplishes the policies set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies.

No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the city.

If any additions, changes, or modifications are to be made to the monopole, the director of building inspections shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Irving.

Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the director of building inspections or designee within thirty (30) days that use of a tower has been discontinued.

Back haul providers shall be identified and have all necessary approvals to operate as such, including holding necessary franchises, permits and certificates and the method of providing back haul, wired or wireless, shall be identified.

The applicant shall fully and accurately complete a questionnaire supplied them by community development designed to gather information to assist in making a decision regarding the rezoning application. In order to assist the staff, the commission and the council in evaluating visual impact the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.

The tower complies with all ordinances of the city not in conflict with this section.

In addition to the usual application fee for a request for a change in zoning under said section 2.7.3, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer should one be required to review the application and provide engineering expertise, up to a maximum of five thousand dollars ($5,000.00).

Antennas mounted on existing structures.

Antennas mounted on buildings.

Roof-mounted telecommunications antennas are allowed on non-residential buildings in all zoning districts without further zoning proceedings, including those located in a PUD district or an SP, S-P-1, or S-P-2 site plan district, provided a non-whip antenna does not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway and provided a whip antenna does not exceed the height of the building by more than fifteen (15) feet and is located no closer than fifteen (15) feet to the perimeter of the building. Prior to installation of a roof-mounted antenna the department of building inspections shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. Roof-mounted antennas and associated equipment may be screened with enclosures or façades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway.

Building-mounted telecommunications antennas of the nonwhip type are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, including those located in a PUD district or an SP, S-P-1, or S-P-2 site plan district, provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty (30) inches from the surface of the building to which it is attached; and the antenna's appearance is such as to blend with the surrounding surface of the building.

Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway.

Telecommunications antennas are allowed without further zoning on existing utility and telecommunications towers and sign structures exceeding fifty (50) feet in height, including those located in a PUD district or SP, SP-1, or S-P-2 site plan district, provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip type or fifteen (15) feet if a whip type. Existing utility and telecommunications towers and sign structures may be rebuilt if necessary to support the load of the new antenna without further zoning if the rebuilt tower or structure is substantially similar in appearance to the existing tower or structure it replaces.

Telecommunications antennas located on existing structures are not subject to the five-thousand-foot separation requirement.

When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made the department of building inspections shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna.

3.19.2

Approval and permit required.

Telecommunications antennas shall not be constructed or used within the City of Irving without all approvals and permits first having been secured.

3.19.3

Master antenna plan required.

Within thirty (30) days of the enactment of this ordinance and during each January thereafter providers of personal wireless services, as that term is defined by federal law, operating in the City of Irving shall provide the city with their respective master antenna plan, including detailed maps, showing the precise locations and characteristics of all telecommunications antennas and towers serving any portion of the city and indicating coverage areas for current and future telecommunications antennas and towers and shall provide the city with any updates to the above documents. Updating documents shall be provided to the city within three (3) months of their creation.

3.19.4

Affirmative defense.

It shall be an affirmative defense to prosecution for a violation of a provision of this section that compliance with the provision would prohibit or have the effect of prohibiting the provision of personal wireless services as defined by federal law. In addition, any entity that desires to erect or utilize telecommunication facilities that would be prohibited by the ordinances or regulations of the city dealing with zoning and land use may apply for such use under this section and section 2.7.3 and the council shall, upon a showing that strict application of the regulation would prohibit or have the effect of prohibiting personal wireless service as defined by federal law, vary the subject regulation, consistent with the spirit and intent of this section, to the extent necessary to prevent the prohibition.

3.20 Data center standards.

3.20.1

Applicability.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new data centers.

For this section, "residentially zoned property" shall be any property with a base zoning district of R-15, R-10, R-7.5, R-6, R-ZL, R-ZLa, R-3.5, R-SFA, R-TH, R-2.5, R-MF, R-M F-1, R-MF-2, or TOD.

New data centers shall be permitted as a principal use by Conditional Use Permit (CUP) only. An application for a CUP shall only be made within the C-W, ML-20, ML-20a, ML-40, ML-120, or C-P districts.

A Conditional Use Permit is not required for a property zoned for a Site Plan zoning case (S-P-1 or S-P-2) specifically approving a "data center" use prior to the adoption of this ordinance. Such properties still must abide by all other requirements of Section 3.20 or as otherwise stated on the site plan.

3.20.2

Minimum standards - principal use.

Residential adjacency.

Minimum front building setback: 300 feet to nearest property line of residentially zoned property.

Minimum side building setback: 300 feet to the nearest property line of residentially zoned property.

Minimum rear building setback: 300 feet to the nearest property line of residentially zoned property.

Ground-mounted equipment, including but not limited to generators, fuel tanks, cooling equipment, heat exchangers, universal power supply units, or any other outdoor equipment related to the functioning of a data center as a principal use shall be prohibited from being located in any of the following:

Between a building wall and a public or private street; and

Within 300 feet of any residentially zoned property.

Screening: ground-mounted equipment.

All ground-mounted equipment shall be fully screened by a masonry wall on all sides. Screening shall be one foot taller than the height of the ground-mounted equipment, or 10 feet tall, whichever is greater. Perforation for ventilation is allowed, provided that the equipment remains fully visually screened.

Screening of ground-mounted equipment is not required from adjacent property zoned ML-20, ML-20a, ML-40, ML-120, or C-P, provided that the equipment is at least 300 feet from any residentially zoned property.

Screening: rooftop equipment.

All rooftop equipment shall be fully screened on all sides by an opaque wall. Perforation for ventilation is allowed, provided that the equipment remains fully visually screened.

Screening shall be one foot taller than the height of the rooftop equipment or five feet tall, whichever is greater.

Height.

Maximum height: 75 feet.

For the purposes of this section, "maximum height" shall be measured at top plate and shall exclude any parapets, rooftop screening or equipment.

Lighting.

Concealment and shielding.

Light sources shall be concealed or shielded with luminaries containing shielding, skirts, or cut-offs with a cutoff angle not exceeding 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.

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 footcandle to illumination levels at any point off-site.

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.

Building-mounted fixtures.

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

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.

Height of fixtures.

Freestanding light fixtures shall not exceed 20 feet in height within 50 feet of any residential zoning district, 25 feet in height within 50 to 150 feet of any residential zoning district, and 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.

3.20.3

Minimum standards-accessory use.

Size.

Data centers used as an accessory use may not exceed 1,000 square feet.

Maximum height.

15 feet.

Location.

May not be located in any required front, side or rear setback;

May not be located between a principal building and a public or private street; and

May not be located within 50 feet of residentially zoned property.

Accessory equipment.

Cooling systems, uninterrupted power supplies (UPSs), and other associated equipment shall be contained within the container or structure of the accessory data center and/or the principal building on the site. Any backup generators and fuel tanks shall comply with the setback and screening standards in Section 3.20.2a) and Section 3.20.2b).

Screening.

The accessory data center shall be fully screened on all sides by a solid masonry wall.

The screening wall shall be a minimum height of one foot taller than the data center structure.

Perforation for ventilation is allowed, provided that it remains fully visually screened.

(Ordinance 2024-10938, § 13, adopted 6/27/2024; Ordinance 2025-11063 adopted 2/6/2025)

3.21 Card houses.

Purpose and intent.

It is the purpose of this section to regulate card houses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of card houses within the city.

Applicability.

These standards shall apply to all Card Houses as defined in Chapter 9 of this Unified Development Code.

CUP required.

A Conditional Use Permit (CUP) shall be required for operation of a Card House. The property on which a Card House may be located must be zoned Community Commercial (C-C) or Freeway (FWY) prior to application for the CUP. Card Houses are expressly prohibited in every other district, including those zoned as a Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2), or Restaurant with On-Premises Consumption of Alcohol (R-AB). "Card House" shall be the singular permitted use of any property with an approved CUP for a Card House and shall not be permitted as an accessory use in any district.

Maximum size.

A Card House shall not exceed 500 square feet.

Separation requirements.

A Card House shall not be located within 500 feet of a public or private school, religious facility, hospital or any "R" zoned residential district. The measurement for calculation of these distances shall be 1) in a direct line from the property line of the card house to the property line of the protected use, and in a direct line across intersections; or 2) if the card house is located on or above the fifth story of a multistory building, in a direct line from the property line of the card house to the property line of the protected use, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the establishment is located. A Card House shall not be located within 1,000 feet of property for which a Conditional Use Permit for a Card House has been granted by the City Council.

Compliance with other codes.

A Card House shall operate in compliance with all applicable statutes, ordinances, laws, and regulations, including chapter 47 of the Penal Code.

Consumption of alcohol.

The sale of alcoholic beverages for on-premises consumption is prohibited. BYOB venues shall comply with the regulations of chapter 18A "Venues not licensed or permitted by the Texas Alcoholic Beverage Commission" of the Code of Civil and Criminal Ordinances of the City of Irving.

Gaming machines.

The use of gaming machines, computers, or other electronic means of playing a Card Game is prohibited.

(Ordinance 2024-11017 adopted 10/3/2024)

3.22 Cemeteries.

3.22.1

Applicability.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new cemeteries.

3.22.2

Minimum standards.

Platting required.

All new cemeteries shall be platted with frontage and access onto a public street.

Minimum lot width: 80 feet.

Setbacks.

All internments, mausoleums, columbarium, principal buildings and accessory buildings shall be

A minimum of 50 feet from any public rights-of-way; and

A minimum of 20 feet from any other property line.

No internment, mausoleum, or columbarium shall be in any public or private easement.

No internment, mausoleum, or columbarium shall be within 10 feet of any internal driveway or parking space.

Height.

The maximum height of a principal or accessory building, mausoleum, or columbarium shall be as follows:

Property adjacent to an "R" residential zoning district:

A maximum height of 25 feet as measured from the slab to the peak of roof.

An additional one foot in height may be added for each additional one foot of setback from an adjacent "R" residential zoning district, up to a maximum height of 35 feet.

Property adjacent to any zoning district other than an "R" residential zoning district shall have a maximum height of 35 feet.

Lot area.

The minimum lot area for a new cemetery shall be twenty-five (25) acres.

Fencing and screening.

No fence or wall shall be between a public or private utility easement that runs parallel to a right-of-way and that public right-of-way.

Accessory buildings and uses for cemeteries.

The following shall be permitted as an accessory use or accessory building in a cemetery:

Administration buildings.

Maintenance buildings.

Committal shelter.

Caretaker residence.

Funeral home.

Lighting.

Lights shall be directed into the property and shielded from adjacent property, and shall project a maximum 1.0 footcandle at any property line.

3.22.3

Parking and driveways.

The funeral home, mortuary or similar structure shall meet the minimum parking requirements for "Funeral homes, mortuaries" in Section 4.4.3, "Off-Street Parking Requirements" of the Unified Development Code.

Internal driveways:

Internal driveways shall be designed as either:

A one-way driveway with a passing lane, being a minimum 20 feet wide face-to-face of curb, or 24 feet wide edge-to-edge with no curb; or

A two-way driveway being a minimum 24 feet wide, with or without curb.

Driveways shall be paved per the requirements of Section 4.4.6(b).

3.22.4

Application requirements.

Any new cemetery, or expansion of an existing cemetery, shall require approval of an S-P-2 Site Plan in accordance with the procedures set forth in Section 1.12 Zoning Map Amendments (Rezoning) and Section 2.7.4 S-P-2 Site Plan (Generalized) in the Unified Development Code. In addition to the requirements in Section 2.7.4(b), the S-P-2 Site Plan shall also include a concept plan with the proposed locations of internal drives.

The City may request any additional information from the applicant regarding the location, operation, long-term maintenance, and sustainability of the proposed cemetery.

The application fee shall be the same as an application for any other S-P-2 Site Plan, per the latest Consolidated Fee Schedule as adopted by the City Council.

The S-P-2 Site Plan may be approved by the City Council in accordance with the standards set forth herein if the City Council finds that the establishment or use of the cemetery does not adversely affect public health, safety, and welfare.

(Ordinance 2026-11221 adopted 1/14/2026)

3.23 Tobacco-related retail business.

3.23.1

Purpose and intent.

It is the purpose of this section to promote the public health, safety, and welfare, to reduce youth exposure to nicotine products and to ensure that such businesses are located and operated in a manner compatible with surrounding land uses.

3.23.2

Applicability. These standards shall apply to all Tobacco-Related Retail Businesses as defined in Chapter UDC-9 of this Unified Development Code.

3.23.3

Illumination. Lighting including advertisements, neon, flashing or scrolling messaging, strip lights shall be turned off after operational hours.

3.23.4

Sales near protected uses.

Distance from protected use. The retail sales of tobacco products for off-premises consumption shall not be permitted within 1,000 feet of a school or public park, including a youth and recreation center.

Measurement.

On separate lots. The measurement of the distance between the place of business where tobacco products are sold and a school or public park shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. The measurement between a tobacco-related retail business located in a tenant space within a shopping center shall be from the property boundary of the lot containing the shopping center to the property line of the place of business, and in a direct line across intersections.

Within the same lot. The measurement of the distance between the place of business where tobacco products are sold and a school or public park located in separate tenant spaces on the same lot shall be from the front door of the school or public park to the front door of the place of business along the connecting sidewalk. In the situation where the uses are in different buildings on the same lot, the line shall be measured following internal sidewalks and following the most direct walkable route.

Measurement Exhibits.

3.23.5

Nonconforming Businesses.

Existing retailers operating legally with a Certificate of Occupancy (CO) for a Tobacco-related retail business before the effective date of this ordinance may continue as a legal nonconforming use, provided that there is no expansion of floor area or inventory.

An existing Tobacco-related retail business may transfer their CO to a new owner/operator provided that there is no change to the size and inventory of the business and that the CO is updated with the new operator.

A Tobacco-related retail business will lose its nonconforming status if the business has ceased or been discontinued for greater than 180 days or has changed to another legal use. In either case, a new business would be required to comply with the regulations applicable at the time of the application for the new Certificate of Occupancy.

Nonconforming businesses shall otherwise follow the regulations of Chapter UDC-7, Nonconformities, of the Unified Development Code.

(Ordinance 2026-11238 adopted 2/12/2026)