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HomeMy Public PortalAboutOrdinance No. 1375-18 12-10-2018CITY OF RICHLAND HILLS ORDINANCE N0.1375-18 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 91, SUPPLEMENTAL DEVELOPMENT REGULATIONS, BY PROVIDING REGULATION FOR THE BUSINESS PARK ZONING DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 5EVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council recently amended Chapter 90 of the Code of Ordinances of the City of Richland Hills to create the Business Park (BP) zoning district; and WHEREAS, Chapter 91 of the Code of Ordinances of the City of Richland Hills contains supplemental regulations applicable to different zoning districts; and WHEREAS, the City Council finds that the supplemental regulation contained with Chapter 91 needs to be amended to address the newly created Business Park (BP) zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances of the City of Richland Hills is amended by amending Chapter 91 "Supplemental Development Regulations" by repealing Articles I "Screening and Fencing Ordinance", II "Landscaping Ordinance", III "Parking Ordinance" and IV "Nonresidential Development Ordinance" and replacing them in their entirety with the attached Exhibit "A". SECTION 2. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 3. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. SECTION 4. That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Ordinance Supplemental Development Regulations which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That it is hereby declared to be the intention of the City Council of the City of Richland Hills that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 7. That this Ordinance shall be in full force and effect from and after its date of passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 10"' DAY OF DECEMBER, 2018. ~~ ' ~ ~_ ,;•., ;,~ , HONORAB EDWA O Z, MAYOR ~~ e~ ~ ~~ !,< Vt- ATTEST: ;" ~ .;~;;;u;irrr;rrrr CATHY BO ,CITY SECR ARY `;,r `~~ ~,~ `~~~; EFFECTIVE: ~ `7 ZU` L/ ~~,~,.~ ~ _ ,~ ; ~ ~E APPROVED AS TO FORM AND LEGALITY: ; ~~~~ ` ,~~ ~. y %, BETSY ELA T A TORNEY ~~~rr`~rrrrrrr~iit~~~~`~,~ ~~~ Exhibit "A" Article I. -Screening and Fencing Ordinance Section 91-100. -Screening and Fencing (A) Purpose It is the purpose of this Ordinance to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the City. (B) Applicability (1) This Ordinance shall be applicable to all new construction or where fifty (50) linear feet or more of an existing screening, fence, or wall requires replacement. (2) All properties located in the BP Business Park District must comply with the standards when a new tenant moves into the BP Business Park District or within 18 months of the approval of the BP Business Park District, whichever comes first. (C) Permits (1) It shall be unlawful for any person to erect or have erected a fence or wall without first obtaining a permit from the building official if the fence or wall is over thirty inches tall (30"). (2) Exceptions Where repairs and replacements are of the same fence material, fence height, and fence location, the following exceptions are allowed: (a) A permit shall not be required to repair or replace less than 50 linear feet of any given fence line segment. Multiple fence line segments may be repaired or replaced without a permit as long as the aggregate distance of fencing repaired or replaced is less than 50 linear feet within any two- yeartime period. (D) Enforcement The Zoning Administrator shall administer and enforce the provisions of this article relating to screening and fencing. (E) Screening and Fencing of Nonresidential, Multiple Family, and Manufactured Home Parks (1) Screening Required In the event that mixed use, multiple family, nonresidential uses, or manufactured home parks side or back upon a SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 Single- Family Residential, or MF-1 Two-Family (Duplex) Residential district, or in the event that any nonresidential district sides or backs to a MF-2 Multiple-Family Residential Medium Density or MF-3 Multiple-Family Residential High Density district, a solid masonry screening wall of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. (a) The owner of the multiple family or mixed use property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multiple family is adjacent to residential uses. (b) When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall. (2) Materials (a) Any screening wall or fence required under the provisions of this section, under a specific use permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or vinyl material simulating wood or masonry. Wood fences are expressly prohibited. (b) Nonresidential fences that are not required by ordinance but that are visible from public right-of- way shall be constructed of masonry, reinforced concrete, or vinyl material that simulates wood or masonry. Wood fences are expressly prohibited. {c) All required screcnir~g walls shall be i~roperly 'Finished on all sides thaC front a public street or public right way (d) All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. (3) Open Storage Open storage of materials, commodities, or equipment shall be screened with a minimum six (6) foot fence or wall. (a) In districts permitting open storage (see Subsection 3.02 Use Chart of the Zoning Ordinance), screening shall be required only for those areas used for open storage, unless the screening exception in (c) Screening Exception below applies. A six (6) foot screening fence or wall shall be provided and maintained (at the property line adjacent to the area to be screened) by one or a combination of the following methods: 1. Solid masonry (brick, concrete block or concrete panels) 2. Chain link with solid landscape screening; slats or mesh are acceptable within the BP Business Park District; except for properties with screening fences ar walls adjac~=nt to Handley Ederville lioad which must be constructed of solid masonry. 3. Wrought iron with solid landscape screening (b) No outside storage may exceed the height of the fence without a waiver from the Zoning Administrator. No outside storage permitted in the front yard. 1. The followin; exceptions shall apply to this requirement when located in tlae BP Business Park. DkStrlCt; a. Outside storage may exceed the I~eight of the screening Fence if it is a single item or struckure b, Stored item.> can be stacked, but ma.ast be setback at least ten (1C3} feet from the fence and cannot exceed the fl>nce height by rr~ore than one {3.} foot (c) Screening Exception Exhibit "A" Unscreened open storage is only permitted within the rear yard of properties within the Industrial district and is not permitted within side yards or within sixty (60) feet of a residential use. (4) Refuse Storage Refuse storage areas, not within a screened rear service area that are visible from a public right-of- way for all nonresidential, multiple family and manufactured home park uses shall be visually screened by a six (6) foot solid masonry wall on all sides except the side used for garbage pickup service, such side shall provide a gate. (5) Mechanical Equipment (a) All nonresidential uses shall screen all mechanical, heating and air conditioning equipment from public view and/or adjacent residential property. Public view is considered any area that can be seen from a public street. (b) The following exceptions shall apply to this requirement when located within the BP Business Park District: 1. Mechanical, heating and air conditioning equipment located on the roof top; 2. Mechanical equipment that exceeds the height of the fence or wall used to screen the property and/or open storage areas. (6) Nonresidential Barbed Wire Fences Prohibited Barbed wire, razor wire, and concertina wire fences are prohibited in the City. The following exceptions shall apply: (a) Barbed wire strands may be placed on top of permitted fences and screening around public utilities facilities (such as substations and transformer stations) or as part of security devices for the restrain of persons being detained by the City or other governmental law enforcement agency for criminal violations. (b) Barbed wire shall be allowed on top of chain link fencing for security purposes in HC Heavy Commercial, I Industrial, and BP Business Park. (F) Fences in Residential Areas (1) Height Any fence or wall located to the rear of the minimum required front yard line shall not exceed six (6) feet in height. (2) location (a) Except as provided by 1 below, no fence or wall shall be permitted in front of any single-family or duplex structure. 1. Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding three (3) feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing. (b) No fence shall be erected in any required side yard that is adjacent to a public street. (c) No residential fence shall be closer than twenty (20) feet to a public street except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard. (3) Materials Any residential fence shall be constructed of masonry, wrought iron, cedar wood, or vinyl materials that produce a similar appearance. Fence posts shall be 16 gauge metal and include metal caps and placed in concrete footings. (4) Vehicular Access Gates Gates designed for vehicular access shall be set back from the property line a minimum of twenty (20) feet. (5) Residential Chain Link, Barbed Wire, and Electrical Fences Prohibited (a) Chain link fencing shall be prohibited in residential areas, except that they shall be allowed in locations that are not visible from any public street or any fence necessary for an agricultural use. (b) Barbed wire or electrical fencing shall be prohibited, except as used for farm or ranching purposes on undeveloped land over one (1) acre in size. (6) Special Fences (a) Special fencing, such as fencing around tennis courts, is permitted. (b) Fences around swimming pools shall comply with the City's building code. (7) Sight Visibility (a) Setback Clearance Zone Rigid compliance with these screening and fencing requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Screening or fencing within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet. The triangular areas are: 1. The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifteen (15) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. (b) Corner Properties The areas of property located at a corner formed by the intersection of two (2) or more public rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five (25) feet in length along the right- of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides. (c) Proximity to Accessways and Driveways Screening or fencing shall not be located closer than three (3) feet from the edge of any accessway pavement or driveway. Exhibit "A" (d) Reduction to Remove Visibility Obstruction In the event that other visibility obstructions are apparent in the proposed plan, as determined by the Zoning Administrator, the requirements set forth herein may be reduced to the extent to remove the conflict. (G) Waiver The City Manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations of the Comprehensive Plan. Article II. -Landscape Ordinance Sec 91-200. -Landscaping (A) Purpose Landscaping is accepted as adding value to property and is in the interest of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area, which in turn helps to reduce the amount of impervious surface area, storm water runoff, and consequent non-point pollution in local waterways. (B) Applicability (1) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new or altered (i.e., at least twenty (20) percent of the original floor area) construction occurring within the City. (a) Existing buildings that are altered less than twenty (20) percent shall not be required to meet the standards contained in this Landscape Ordinance. (2) Additionally, any use requiring a Specific Use Permit or a Planned Development zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district. (3) All properties located in the BP Business Park District must comply with the standards when a new tenant moves into the BP Business Park District or within 18 months of the approval of the BP Business Park District, whichever comes first. (C) Certificate of Occupancy Required (1) It shall be unlawful to issue an occupancy permit prior to the approval and complete installation of the landscape and irrigation plans. (2) When it is not possible to complete the landscape installation as quickly as desired or needed, an extension of time may be granted and a temporary certificate of occupancy may be issued for variable periods up to forty-five (45) days. (D) Landscape Plan (1) Requirement Prior to the issuance of a building, paving, grading or construction permit for any use other than agricultural uses, a landscape plan shall be submitted to the Zoning Administrator. The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. (2) Review The City shall review such plans (as part of the site plan review described in Subsection 6.06 Site Plan Requirements of the Zoning Ordinance), and approve the plans if the plans are in accordance with the criteria of these regulations. If the plans are not in conformance, they shall be denied and shall be accompanied by a written statement setting forth the changes necessary for compliance. (3) Submittal Requirements Exhibit "A" Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information: (a) Minimum scale of one (1) inch equals fifty (50) feet; show scale in both written and graphic form (b) Location, size and species of all trees to be preserved (c) Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features (d) Species and common names of all plant materials to be used (e) Size of all plant material to be used (container size, planted height, etc.) (f) Spacing of plant material where appropriate (g) Layout and description of irrigation, sprinkler, or water systems including location of water sources (h) Description of maintenance provisions (i) Name and address of the person(s) responsible for the preparation of the landscape plan (j) North arrow/symbol, and a small map showing where the property is located (k) Date of the landscape plan (E) General Standards and Specifications (1) Quality (a) The best professional practices of the American Society of Landscape Architects, the International Society of Arboriculture, the American Nursery and Landscape Association and Texas Nursery and landscape Association regarding planting installation, trimming, pruning, and fertilization shall apply to the landscape standards and specifications included in this section. (b) Nursery standards shall be the American Standard for Nursery Stock, ANSI 260.1-2004. (c) Pruning standards shall be the International Society of Arboriculture Pruning Guidelines ANSI A300- Pruning Guidelines. (d) Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. (2) Approved Plant List for New Plantings or Replacements The following is a required list of trees for new plantings or replacements of existing trees. Other species may be acceptable for new plantings; however, their suitability for the proposed planting area shall be approved by the Zoning Administrator. Canoav Trees Aristocrat Pear Lacebark Elm Bald Cypress* Lacey Oak* Bigtooth Maple* Live Oak* Blackjack Oak* Panicled Golden Raintree Bradford Pear Pecan* Bur Oak* Post Oak* Caddo Maple* Red Maple* Cedar Elm* Saucer Magnolia Chinese Pistachio Shumard Oak* Chinquapin Oak* Southern Magnolia* Chitalpa Texas Ash* Crabapple* Texas Red Oak* Durand Oak* Trident Maple* Ginkgo Western Soapberry* Honey Locust* Ever¢reen Trees Austrian Pine Loblolly Pine* Eastern Red Cedar* Nellie R. Stevens Elderica Pine Saucer Magnolia Japanese Black Pine Savannah Holly Leyland Cypress Southern Magnolia* Little Gem Magnolia Yaupon Holly* Ornamental Trees Crape Myrtle Mexican Plum* Desert Willow* Possumhaw Holly* Eve's Necklace* Rusty Blackhaw Viburnum* Forest Pansy Redbud Texas Redbud* Japanese Maple Vitex Mexican Buckeye* Wax Myrtle* Exhibit "A" Low-Growing Shrubs Barberry Big Muhly* Black Dalea* Black-Eyed Susan* Blackfoot Daisy* Cherry Sage* Dwarf Pomegranate Dwarf Yaupon Holly Grayleaf Cotoneaster Green Pittosporum Tall Shrubs Agarita* Agave* American Beautyberry* Chinese Photinia Dwarf Burford Holly Dwarf Palmetto* Turf Grasses Bermuda Buffalograss* St. Augustine Tifway (Tifton 419) Ornamental Grasses Big Bluestem* Bushy Bluestem* CedarSedge* Gulf Muhly* Indian Grass* Inland Seaoats* Lindheimer Muhly* Little Bluestem* Juniper Knockout Rose Mealy Blue Sage* Mexican Hat* Nandina* Skeleton-Leaf Goldeneye* Spineless Prickly Pear* Upright Rosemary Variegated Pittsporum Eleagnus Red Yucca* Smooth Sumac* Texas Sage* Yucca ssp.* Mexican Feathergrass* Seep Muhly* Sideoats Grama* Vines and Groundcovers Asian Jasmine Carolina Jessamine* Confederate Jasmine Coral Honeysuckle* Crossvine* Fig Ivy Frogfruit Giant Liriope Honeysuckle Horseherb* Lyreleaf Sage* Perennial Verbena Pigeonberry* Pink Evening Primrose* Santolina Sedum* Texas Wisteria* Virginia Creeper* White Rain Lily Wood Fern* *Indicates a Native Texas Plant Exhibit "A" (3) Trees (a) Minimum Caliper Size Canopy trees shall have a minimum caliper of three (3) inches, and ornamental trees shall have a minimum caliper of two (2) inches, when measured twelve (12) inches above ground, and shall be selected from the list of approved trees (see (2) Approved Plant List for New Plantings or Replacements above). (b) Crown 1. Canopy trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. 2. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same to create the equivalent of a fifteen (15) feet crown of spread. (4) Shrubs and Hedges (a) Shrubs shall be a minimum of three (3) gallons. (b) Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen that will be three (3) feet high within one (1) year after time of planting. (5) Turf Grass Grass areas may be sodded, plugged, sprigged or seeded. (6) Vines Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. (7) Groundcover Groundcovers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year of planting. (F) Minimum Landscaping Requirements for Nonresidential and Multiple-Family Developments (1) Minimum Front Yard (a) Landscape Front yards may be landscaped with grass, shrubbery, vines, or trees and on part may be paved or surfaced for minimum access, driveways, and sidewalks. (b) Percentage of Landscaping in the Front Yard In all nonresidential zoning districts, not less than fifty (50) percent of the landscaping shall be located in the required front yard and shall be in accordance to (3) Open Space Landscaping Requirements below. 1. In calculating the amount of landscaping for the front yard, if landscape areas within off- street parking/vehicular use areas are within the front yard, then they shall be counted towards the fifty (50) percent landscaping minimum. (2) Minimum Requirements for Off-Street Parking and Vehicular Use Areas Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage that are under, on, or within buildings and the BP Business Park District are exempt from these standards. (a) Interior Landscaping A minimum of ten (10) percent of the gross parking area shall be devoted to living landscaping that includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots. 1. Wheel Stops/Curbs Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. 2. Tree Minimum There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. 3. Planter/Planting Islands Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three (3) feet in height. Interior planter islands shall have a minimum size often (10) feet by eighteen (18) feet. (i) Exemption Planter islands shall not be required for parcels/lots containing less than thirty-five thousand (35,000) square feet. (ii) Variation The Zoning Administrator may approve planter islands required by this 3. Planter/Planting Islands to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. (b) Perimeter Landscaping All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two (2) foot minimum width planting strip. Plants and materials used in living barriers shall be at least thirty (30) inches high at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three (3) feet high at time of installation. 1. Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen (15) feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use Exhibit "A" area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. 2. Perimeter landscape areas shall contain at least one (1) tree for each fifty (50) lineal feet or fraction thereof of perimeter area. (3) Open Space Landscaping Requirements In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: (a) Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within twenty (20) feet of any building or paving or other use such as storage. (b) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. (c) Trees shall be planted in remaining open space at one (1) tree per 4,000 square feet of open space area. (d) All open space shall have grass or lawn covering. (e) Properties in the BP Business Park C3istrict that have at least fifteen {15) feet of open space betw~=cxr7 the Iuilding and public right-of--way shall plant trees every fiFteer7 {15) to tw€=nty (20) lineal feet within the opf~n space. In areas where there may be issues with setback rc~c~uiren~~.~nts, public utilities, etc. <~ waiver may k,~c requested From the: City Mana~;€°r. (4) Permeable Surface around Trees All existing trees that are to be preserved shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing dripline of the tree. All new trees shall be provided with a permeable surface under the dripline a minimum of five (5) feet by five (5) feet. (5) Required Landscaping Buffer when Abutting a Property Zoned for Single-Family or Two-Family Residential (a) Buffer Required A landscape buffer of at least five (5) feet in depth shall be provided and maintained along the length of the nonresidential or multiple-family development that is abutting asingle-family or two-family zoned property. 1. Enhanced Buffer Required for Large Parcels Properties more than two hundred fifty (250) feet in depth (if residential property is abutting the rear yard) or in width (if residential property is abutting the side yard) shall provide a ten (10) foot buffer. (b) Canopy Trees Required Canopy trees, included in the Approved Plant List for New Plantings or Replacements, with a minimum caliper of three (3) inches shall be planted on thirty (30) foot centers for the length of the buffer. 1. Enhanced Planting Required for Large Parcels Properties more than two hundred fifty (250) feet in depth (if residential property is abutting the rear yard) or in width (if residential property is abutting the side yard) shall provide two rows of trees. (G) Minimum Landscaping Requirements within New Single-Family, Two-Family (Duplex), and Manufactured Home Developments The following are minimum landscaping requirements for new single-family, two-family, and manufactured home lots and developments. These requirements apply within SF-10 Single-Family Residential, SF-7 Single-Family Residential, MF-1 Two-Family (Duplex) Residential, and MH Manufactured Home (HUD Code) zoning districts (excludes the SF-E Single-Family Residential Estate zoning district). (1) Tree by Lot Requirements Each single-family lot shall have two (2) large canopy trees placed in front of the front building line with a minimum three (3) inch caliper and a minimum six (6) feet in height at the time of planting. (2) Additional Requirements Each single-family lot shall have: (a) Four (4) evergreen shrubs, shrubs, or small trees; (b) Solid vegetative groundcover or lawn for the entirety of the lot that is not otherwise covered by building(s) and/or driveway area(s). (H) Sight Distance and Visibility (1) Setback Clearance Zone Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross- visibility at a level between thirty (30) inches and eight (8) feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are: (a) The areas of property on both sides of the intersection of an alley accessway and public right-of- way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifteen (15) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. (2) Corner Properties The areas of property located at a corner formed by the intersection of two (2) or more public rights- of-way (or a private driveway onto a public road) shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five (25) feet in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides. (3) Proximity to Accessways and Driveways Landscaping, except required grass and low ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement or driveway. Exhibit "A" (4) Reduction to Remove Visibility Obstruction In the event that other visibility obstructions are apparent in the proposed landscape plan, as determined by the Zoning Administrator, the requirements set forth herein may be reduced to the extent to remove the conflict. (I) Maintenance (1) Responsibility and Condition The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. (2) Nonconformance If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this Ordinance, the Zoning Administrator shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant or agent shall have ninety (90) calendar days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this Ordinance. (3) Irrigation Required All required landscaped areas shall be equipped with, and one hundred (100) percent covered by, an automatic, underground irrigation system with freeze- and moisture sensors to prevent watering during periods of time with rain or when temperatures are at or below 32 degrees Fahrenheit. A registered landscape architect licensed to practice within the State of Texas shall design the irrigation system. If appropriate and attractive xeriscape planting techniques are utilized (these techniques are encouraged by the City, if designed and maintained appropriately), the requirement for an underground irrigation system may be waived if an alternative irrigation system/device is approved at the time of landscape plan approval. (a) Exemptions 1. Single-family, two-family, and manufactured home lots and developments shall be exempt from the above irrigation system requirements. 2. Tire BP Business Park I]istrict is not required to instals and maintain irrigation v~het~ planting; trees per the Open Space Lana:>capin Ctequir~r~aents ai~ov~:. (J) Waiver The City Manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations ofthe Comprehensive Plan. Article III. -Parking Ordinance Section 91-300. -Parking (A) Applicability (1) This Ordinance shall be applicable to all developments unless otherwise indicated within the Ordinance. (2) All properties located in the BP Business Park District must comply with the standards when a new tenant moves into the BP Business Park District or within 18 months of the approval of the BP Business Park District, whichever comes first. (B) Special Off-Street Parking Provisions: Residential Districts (1) Parking Placement Required off-street parking shall be provided on the same lot as the use it is to serve. (2) Paving Requirements Required parking must be paved concrete, or it may be pervious concrete or other materials with approval of the Zoning Administrator. (3) Heavy Load Vehicle Storage No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle. (C) Special Off-Street Parking Provisions: Nonresidential and MF Districts (1) Vehicle maneuvering shall take place on-site in all Nonresidential and MF Districts, with the exception of the BP Business Park District. (2) Parking Placement Required off-street parking shall be provided on the same lot as the use it is to serve, except as follows. (a) Off-Site Parking Requirements In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, the following requirements shall apply: 1. Such spaces shall be within a distance not more than three hundred (300) feet from such premises, measured by a straight line from the nearest points of the two properties, 2. Proper pedestrian access is safe and convenient to both uses, and 3. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the off-site parking facilities for the use they are intended to serve. (3) Shared Parking Space Calculations In order to establish a baseline number of parking spaces that may be reduced in a shared parking agreement, the baseline number of parking spaces shall equal the sum of the requirements of the various uses computed separately. Exhibit "A" (a) Mixed Use Shared Parking Agreement Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the City Council as shown on a site plan or final plat. (b) Pedestrian Access Proper pedestrian access is provided such that pedestrians can access both uses within an acceptable distance and that such access is provided safely and conveniently to both uses. (c) Rescinded Shared Parking Agreement Approval Approval by the City Council may be rescinded by the City Council and additional parking shalt be obtained by the owners in the event that the City Council determines that such joint use is resulting in a public nuisance by providing an inadequate number of parking spaces or otherwise adversely affecting the public health, safety, or welfare. (4) Paving Requirements 1. General Required parking must be paved concrete, or it may be pervious concrete or other materials with approval of the Zoning Administrator. 2. BP Business Park District (i) Parking surfaces outside of fenced storage shall be constructed of concrete, asphalt or pervious concrete. (ii) Parking surfaces that are inside a properly screened storage area and are not visible to the public may be constructed of crushed asphalt, compacted gravel, asphalt, concrete or other materials. (5) Parking Space Delineation (a) Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. This requirement shall not apply to parking spaces inside properly screened storage areas. (b) Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space. (6) Parking Space Dimensions (a) Each standard off-street parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in depth, exclusive of driveways and maneuvering aisles, and shall be of usable shape and condition. (b) No parking space shall allow a vehicle to overhang a required landscape area, open space area, sidewalk, street right-of-way or adjacent property (See Figure 6. Parking Overhang). ~ . ~ ~~; -__ r--. ~~ ~ • ~~ ~__ _ ~ _ __ ~..__,I kequired Parking Parking Requiretl landscaped Area Area Landscaped Area Arca (c) Head-in parking spaces adjacent to buildings shall have a minimum four (4) foot wide clearance between the front of the car and the building. 1. The four (4) foot wide clearance shall be maintained by curbs or wheel stops, the face of which shall be located six (6) feet from the building, which allows a vehicle overhang of two (2) feet. Wheel stops shall only be used in parking spaces that are twenty (20) feet long. (d) Parallel off-street parking spaces must be a minimum of eight (8) feet in width and twenty-two (22) feet in depth (See Figure 7. Parking Layout Diagram). (e) Parking spaces within structured parking garages shall be a minimum of eight and one-half (8%) feet in width and eighteen (18) feet in depth. (7) Encroachment upon the Public Right-of-Way or Required Landscaping Areas Off-street parking shall be prohibited from encroaching into the public right-of-way or required landscaping area in any case. (8) Dead End Parking Dead end parking is prohibited in nonresidential developments. Exhibit "A" ~i~€rc~ ~, PorlCan~ ~.Yr~ut T~i~s~rar~ro i Parallel ~` _____ ~ 30' Min. Parking 12'Aisle ~ ONE WAY Module t-- (58' Mln. 9' `~~ forTwo Way) i 22' 30~ 45 60~ 48' Min. Module (54' Min. forTwo Way) 52.5' Min. Module (59' Min. for Two Way) 59' Min. Module (60' Min. forTwo Way) 64' Min. Module (9) Handicap Parking Handicap parking space(s) shall be provided according to State of Texas Program for the Elimination of Architectural Barriers and shall conform to the Americans Disability Act (ADA) of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards. Current requirements are as follows: ~~z5 ~~~ -. •~ .- . 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2 percent of total 1,001 and over 20, plus 1 for each 100 over 1,000 (10) Electric Vehicle (EV) Parking Spaces Required (a) Applicability This requirement shall apply to all Nonresidential and MF Districts, with the exception of BP Business Park District. (b) Number of EV Spaces Required 1. Parking Lots with 50 to 100 Parking Spaces Required (i) If a nonresidential use requires fifty (50) to one hundred (100) parking spaces, then one (1) electric vehicle (EV) parking space shall be created and reserved for the sole use of electric vehicles only. 2. Parking Lots with more than 100 Parking Spaces Required (i) If a nonresidential use requires more than one hundred (100) parking spaces, then two (2) electric vehicle (EV) parking spaces shall be created and reserved for the sole use of electric vehicles only. 3. The number of EV parking spaces shall be in addition to the minimum number of required parking spaces. Exhibit "A" (c) Design of EV Spaces 1. All EV parking spaces shall have a sign posted in front of the parking space reading "RESERVED PARKING ELECTRIC VEHICLES ONLY" and shall have pavement markings indicating the space as EV parking. 2. All EV parking spaces shall have the same dimensions as standard parking spaces. (d) Electric Vehicle (EV) Chargers not Required 1. An "Electric Vehicle (EV) Charger" shall be defined as an electrical appliance designed specifically to charge batteries within one or more electric vehicles. Charger styles include pedestal and wall or pole-mounted. Chargers are also called electric vehicle supply equipment (EVSE). 2. EV parking spaces shall not require the installation of an "Electric Vehicle (EV) Charger." (D) Off-Street Loading Space: All Districts All nonresidential uses having fifty thousand (50,000) square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods. (1) Drives and Approaches (a) All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. (b) Each site shall provide a designated maneuvering area for trucks. (E) Rules for Computing Number of Parking Spaces In computing the number of parking spaces required for each use, the following rules shall govern. (1) Floor Area "Floor area" shall mean the gross floor area of the specific use. (2) Fractional Parking Space Calculation Where fractional parking spaces result, the parking spaces required shall be rounded up to the nearest whole number. (3) Unlisted Use Requirement Calculation The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature or as approved by the City Council in conjunction with a site plan. (a) The applicant must provide data to support the request. (b) Optional resources for the parking space requirement consideration may include the Urban Land Institute (ULI) and Institute of Transportation Engineers (ITE) technical manuals or other similar planning documents. (4) Shared Parking Calculations See (C)(3) Shared Parking Space Calculations. (F) Circulation and Parking Requirements for all Nonresidential Developments (1) Applicability The regulations provided in this section shall apply to all nonresidential development. (2) Parking Aisles Parking aisles shall be designed perpendicular to the front of the primary building in the development. (3) Wheel Stops and/or Bollards If curbs are not provided, then parking spaces that face and are adjacent to a building shall utilize wheel stops and/or bollards. (G) Parking Requirement Based on Use (1) Off-Street Parking Requirements Compliance In all districts, at the time any building or structure is erected or altered (i.e., enlarged by thirty (30) percent or more in floor area than at the time the building became nonconforming, or for construction that requires a building permit), off-street parking spaces shall be provided in accordance with the requirements shown in Subsection 3.02 Use Chart of the Zoning Ordinance. (2) Best/Current Practices Parking Ratio For uses shown in the Use Chart that have atypical standards or single uses that have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best/current planning and transportation practices. (a) Best/Current Practices Parking Ratio Application 1. An applicant shall fully cite the sources used to derive the applicant-submitted parking ratio, possible resources include parking standards materials from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA). 2. The Zoning Administrator shall review the applicant submitted parking ratio to confirm best/current planning practices for a use. 3. The Zoning Administrator shall approve, modify, or deny the applicant submitted parking ratio. (b) Parking Ratio Determination in Case where no Application is Submitted If the applicant does not submit a parking ratio, then the Zoning Administrator shall determine the parking ratio based on the best/current planning and transportation practices. (H) Waiver The City Manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations of the Comprehensive Plan. Exhibit "A" Article IV. -Nonresidential Development Ordinance Sec. 91-400. -Nonresidential Development (A) Applicability (1) This subsection shall apply to the P Professional Office, R Retail, LC Light Commercial, HC Heavy Commercial, I Industrial, BP Business Park, and MX Mixed Use districts, and any other districts or development as specified in this Ordinance. (2) All properties located in the BP Business Park District must comply with the standards when a new tenant moves into the BP Business Park District or within 18 months of the approval of the BP Business Park District, whichever comes first. (B) Exterior Material Requirements for Nonresidential Districts and Uses (1) Exterior Material Standards (a) Nonresidential Uses within Nonresidential Districts 1. Within P Professional Office, R Retail, LC Light Commercial, and MX Mixed Use zoning districts, exterior facades of a main building or structure shall consist of one hundred (100) percent Class 2: Masonry Construction. 2. Within HC Heavy Commercial, 1 Industrial, and BP Business Park districts, exterior facades of a main building or structure adjacent to a public street shall consist of one hundred (100) percent Class 2: Masonry Construction. All exterior facades of a main building or structure shall consist of at least sixty (60) percent Class 3: Masonry Construction. 3. Exceptions for BP Business Park District (i} Use of metal buildings ar~d construction r~~aterials .shall be allowed within the BP Business Park District except on buildings adjacent to Handley Edcrviiie Road (ii} Expansions of existing buildings may be constructed out of the s<~n~e material as t.i~e existing building within the BP Business Park District except on buildings adjacent to Handley Ederville Road (b) Nonresidential Uses within Residential Districts 1. If a nonresidential use is within a residential district, then exterior fa4ades of a main building or structure shall consist of one hundred (100) percent Class 1: Masonry Construction. (c) Maximum Material Coverage No single building material shall cover more than eighty (80) percent of the front of any building, with the exception of on-site utility or service structures. (d) Windows 1. Clear glass shall be used for commercial storefront display windows and doors. 2. Windows shall be individually defined with detail elements such as frames, sills, and lintels, and placed to visually define the building stories. (2) Facade Articulation In order to ensure the aesthetic value and visual appeal of nonresidential land uses and structures, facade articulation shall be required, with the exception of uses and structures located within the BP Business Park District. See definition of Articulation in Section 8. Definitions of the Zoning Ordinance. (a) Facade articulation of at least three (3) feet in depth or offset shall be required for every thirty (30) feet in horizontal surface length. (b) Facade offsets shall be shown, along with calculations verifying that the building elevations meet the above requirement, on a building facade (elevation) plan, and shall be submitted for review along with the site plan. (C) Waiver The City Manager is authorized to grant a waiver to these requirements if necessary to result in a higher quality development and/or to carry out the recommendations of the Comprehensive Plan.