Purpose.

This division establishes uniform standards for developing and improving property throughout the city to ensure quality development consistent with the comprehensive plan.

Organization.

This division is organized into nine (9) subsequent sections for each development standard. This division regulates:

(1)

Dimensional regulations (section 9.04.041).

(2)

Site design requirements (section 9.04.042).

(3)

Parking (section 9.04.043).

(4)

Loading (section 9.04.044).

(5)

Landscaping (section 9.04.045).

(6)

Screening and fencing (section 9.04.046).

(7)

Outdoor lighting (section 9.04.047).

(8)

Trash (section 9.04.048).

(9)

Performance standards (section 9.04.049).

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.041 Dimensional regulations.

(a)

Purpose.

This section aims to establish the general rules and exceptions for required lots, yards, setbacks, height, and stepback requirements.

(b)

Applicability.

This section applies to any lot, yard, setback, height, or stepback required by this zoning ordinance.

(c)

Number of buildings per lot.

(1)

Single-family detached and attached and two-family uses.

Only one primary building for single-family or two-family uses with permitted accessory buildings is allowed on a lot or platted tract.

(2)

Townhome unit, multifamily, single-unit or duplex unit park, and nonresidential uses.

Where a lot is used for townhome units, multifamily, nonresidential uses, or a combination of those uses, more than one primary building may be located upon the lot, but only when conforming to all the open space, parking, and density requirements applicable to the uses and districts.

(d)

Lot area and dimensions.

(1)

No lot shall be created or reduced in area, width, or depth below the minimum requirements established in division 2.

(2)

A lot that was legally created prior to the adoption of this zoning ordinance may be redeveloped, but any deviations from the dimensional standards other than minimum lot area shall require a variance.

(e)

Yard regulations.

(1)

Front yard regulations.

(A)

A front yard is a yard across the full width of the lot extending from the front line of the primary building to the front property line.

(B)

The front yard shall be open and unobstructed from a point 40 inches above the general ground level of the graded lot to the sky. Eaves and roof extensions or a porch may project into the required front yard for a distance not to exceed 4 feet and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than 40 inches above the average grade of the yard. See Figure 3: Front Yard Regulations.

Figure 3: Front Yard Regulations

(C)

Where a building line has been established by an approved plat that deviates from the setback that this zoning ordinance prescribes, the required front yard shall comply with the building line established by that plat.

(2)

Side yard regulations.

(A)

A side yard is between the primary building and the adjacent side property line, extending entirely from a front yard to the rear yard.

(B)

On a corner lot, the street where the building's primary entrance is located, or designated to be located, is the front yard. Any streets perpendicular to the building's primary entrance are corner side yards.

(C)

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features projecting not to exceed 12 inches into the required side yard and roof eaves projecting not to exceed 4 feet into the required side yard. A fence (in accordance with section 9.04.046(d)) may be constructed on the property line adjacent to a side yard.

(D)

Mechanical equipment such as air-conditioning compressors, swimming pool pumps and filters, and similar devices may be installed in the side yard at a maximum height of 60 inches above the ground level of the graded lot to the sky.

(E)

Where a side property line divides a nonresidential district from a residential district, a minimum 10-foot side yard is required for the nonresidential lot side adjacent to that residential district.

(3)

Rear yard regulations.

(A)

A rear yard is a yard between the rear property line and the rear line of the primary building and the side property lines.

(B)

Every part of a required rear yard shall be open and unobstructed to the sky from a point 40 inches above the ground level of the graded lot, except for permitted accessory buildings and the ordinary projections of window sills, belt courses, cornices, roof overhangs, and other architectural features projecting not to exceed 4 feet into the required rear yard. A fence (in accordance with section 9.04.046(d) fencing standards) may be constructed on the property line adjacent to a rear yard.

(f)

Intersection visibility triangle.

(1)

These provisions apply to all new development or proposed expansions into the intersection visibility triangle. However, these provisions do not apply to or otherwise interfere with the: placement and maintenance of traffic-control devices under governmental authority and control and public utilities; existing screening and fencing requirements; and existing and future city, state, and federal regulations.

(2)

Obstructions are prohibited at elevations between two and one-half (2-1/2) feet and nine (9) feet above the average street grade within the intersection visibility triangle. Prohibited obstructions include any fence, wall, screen, billboard, sign, structure, foliage, or any other object.

(3)

At intersections where arterials and collectors intersect at or near right angles, the intersection visibility triangle shall be the area formed by extending the two curblines from their point of intersection forty-five (45) feet along the curb and connecting these points with an imaginary line, creating a triangle. See Figure 4:45' Intersection Point.

Figure 4: 45' Intersection Point

(4)

At all intersections where local streets intersect at or near right angles, the intersection visibility triangle shall be the area formed by extending the two curblines from their point of intersection thirty (30) feet along the curb and connecting these points with an imaginary line, creating a triangle. See Figure 5: 30' Intersection Point.

Figure 5:30' Intersection Point

(5)

If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection twenty-five (25) feet on arterials and collectors and ten (10) feet on local streets, and connecting these points with an imaginary line, creating a triangle. See Figure 6: No Curbs Intersection Point.

Figure 6: No Curbs Intersection Point

(6)

At intersections where streets do not intersect at or near right angles, the director shall have the authority to increase the minimum sight distances required above as they deem necessary to provide safety for both vehicular and pedestrian traffic.

(g)

Height regulations.

(1)

A building or structure shall meet the requirements established in the height definition (see Figure 18: Height Measurement).

(2)

Church steeples, domes, spires, cooling towers, roof gables, chimneys, vent stacks, and athletic field equipment and fencing are exempt from maximum height provisions.

(h)

Stepback regulations.

(1)

Stepback regulations apply to all new building construction and all additions with multiple stories and a height greater than 35 feet located adjacent to residential zoning districts and existing single-family uses but do not apply when an improved public street or railroad right-of-way separates the new building construction from the existing residential zoning district or single-family residential use.

(2)

A 25-foot stepback applies for each additional story after the second story exceeding 35 feet in height (See Figure 7: Stepback Exhibit).

Figure 7: Stepback Exhibit

(3)

Stepback regulations do not apply to the Downtown (DT) District to any nonresidential use and residential zoning district or use when separated by a public street.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.042 Site design requirements.

(a)

Purpose.

The purpose of this section is to establish minimum standards for the appearance of development and corresponding site elements that are recognized as enhancing property values and that are in the interest of the general welfare of the city.

(b)

Applicability.

This section applies to all single-family, two-family, multifamily, mixed-use, and nonresidential developments for new construction. All development shall comply with the requirements established by the city's fire marshal.

(c)

Single-family and two-family residential standards.

(1)

Building articulation.

At least four facade articulation techniques are required on each single-family or two-family dwelling to add variety and interest to a building. The following features are acceptable techniques of exterior articulation.

(A)

One of the following:

(i)

A base course or plinth course;

(ii)

Banding, moldings, or stringcourses;

Quoins;

Oriels;

Cornices;

Arches;

Balconies;

Brackets;

Shutters;

Keystones;

Dormers; or

Louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.)

(B)

Horizontal banding continues the length of the wall that faces a street or other similar highly visible areas.

(C)

Front porch of at least 50 square feet.

(D)

The installation of at least two (2) coach lights.

(E)

Other techniques for building articulation can be substituted if approved by the director.

(2)

Roof treatment.

Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" X 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall. Porch roofs and shed roofs must have a minimum pitch of 4" X 12".

(3)

Fenestration.

Windowless exterior elevations that face a public right-of-way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second stories facing a public right-of-way.

(4)

Garages.

On front entry garages, the face of a garage shall not:

(A)

Extend more than ten feet beyond the remainder of the front elevation of the primary living area of a dwelling; or

(B)

Be over 60% of the total frontage width of a dwelling. Porches or columns are not considered part of the front elevation of the primary living area.

(5)

House repetition.

(A)

Within residential developments, single-family and two-family dwellings with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street.

(B)

Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations.

(d)

Multifamily residential standards.

(1)

Building articulation.

(A)

Horizontal wall planes longer than 40 feet in length shall be segmented into smaller sections by a structural or ornamental minor facade offset (recess or projection) of a minimum 4 feet deep and 8 feet wide.

(B)

The height of those offsets is equal to the building's height at the location of the offset.

(2)

Roof treatment.

(A)

Pitched or flat roofs are permitted.

(B)

A parapet wall is allowed if constructed to prevent flat roof visibility.

(3)

Fenestration.

(A)

Any glass with a visible light reflectance rating of 25% or greater is prohibited.

(4)

Elements.

A multifamily development is required to provide at least two of the following elements:

(A)

At least one dormer is provided for each roof plane over 1,000 square feet in area that faces a street. The dormer must be appropriately scaled for the roof plane and shall not be wider than the windows on the building elevation;

(B)

All windows feature shutters. The shutters provided must be operational or appear operational and must be in scale with the corresponding window;

(C)

All windows are emphasized through the use of molding around the windows, plant ledges, sills, shaped frames, awnings, or another similarly related architectural element;

(D)

Downspouts associated with gutters are internally incorporated into the building's construction rather than attached to the building after the construction of the facade is complete.

(E)

Other similar architectural features as approved by the director.

(5)

Amenities.

(A)

A multifamily development shall provide the required amount of amenities prescribed in Table 23: Required Amenities.

Table 23: Required Amenities
Number of Units	Required Amenities
1–10	None
11–50	1
51–100	2
101–200	3
201–300	4
301+	5

(B)

The amenities below may be used to fulfill the requirements of Table 23: Required Amenities. Each amenity counts as one required amenity towards the requirements in Table 23: Required Amenities. However, multiples of the same amenity do not count towards the requirements in Table 23: Required Amenities. Additionally, to provide flexibility in development design, the director may approve different amenities that agree with the purpose of this section 9.04.042.

(i)

Swimming pool (minimum 1,000 square foot surface area) with cooling deck (minimum ten feet wide in all areas);

(ii)

Jacuzzi or hot tub area (minimum 50 square foot area);

(iii)

At least four barbeque grills or one grill per 100 units, whichever is greater, with shaded seating areas, all barbeque grills shall be:

Serviced with propane or other gas; and

Be built into a structure incorporated into an adjacent amenity (i.e., pool or seating area);

(iv)

Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 square feet of recreation space;

(v)

Child play lot (minimum 3,000 square foot area) with equipment specifically designed to meet the following three age cohorts: 0–2 years old, 2–5 years old, and 5–12 years old;

(vi)

A splash pad (water play amenity for children) that is a minimum of 1,000 square feet in area;

(vii)

A dog park that is at least 5,000 square feet in area that:

Is enclosed by a minimum five-foot tall vinyl-coated chainlink fence;

Uses grass, wood chips, or a combination of the two as surface materials; and

Provides at least one dog waste station that includes a bag dispenser and waste receptacle installed along the perimeter of the enclosure for every 2,500 square feet of the associated dog park.

(viii)

Regulation-size volleyball, basketball, tennis, or other similarly related playing court;

(ix)

Golf putting green (minimum 1,000 square feet);

(x)

Fitness center/weight room (minimum 500 square feet);

(xi)

Business center (minimum 500 square feet);

(xii)

Media room (minimum 500 square feet).

(e)

Townhome unit and single-unit or duplex unit park standards.

(1)

Building articulation.

At least two facade articulation techniques are required on each detached or attached residential dwelling unit to add variety and interest to a building. The following features are acceptable techniques of exterior articulation.

(A)

One of the following:

(i)

A base course or plinth course;

(ii)

Banding, moldings, or stringcourses;

Quoins;

Oriels;

Cornices;

Arches;

Balconies;

Brackets;

Shutters;

Keystones;

Dormers; or

Louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.)

(B)

Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas.

(C)

Front porch of at least 50 square feet.

(D)

The installation of at least two (2) coach lights.

(E)

Other techniques for building articulation can be substituted if approved by the director.

(2)

Roof treatment.

(3)

Fenestration.

Windowless exterior elevations facing a public right-of-way or other highly visible areas are prohibited. On two-story structures, windows are required on the first and second stories facing a public right-of-way.

(4)

Garages.

On front entry garages, the face of a garage shall not:

(A)

Extend more than ten feet beyond the remainder of the front elevation of the primary living area of a detached residential dwelling unit; or

(B)

Consider porches or columns as part of the front elevation of the primary living area.

(5)

Unit repetition.

(A)

Dwelling units with substantially identical exterior elevations can only repeat every four (4) units when fronting the same right-of-way, fire lane, or easement, including both sides of that right-of-way, fire lane, or easement.

(B)

Dwelling units side by side or across each other within one unit (directly across or "caddy corner") shall not have substantially identical exterior elevations.

(6)

Amenities.

(A)

A townhome unit or single-unit or duplex unit park shall provide the required amount of amenities prescribed in Table 24: Required Amenities.

Table 24: Required Amenities
Number of Detached Residential Dwelling Units	Required Amenities
1–10	None
11–50	1
51–100	2
101–200	3
201–300	4
301+	5

(B)

The amenities below may be used to fulfill the requirements of Table 24: Required Amenities. Each amenity counts as one required amenity towards the requirements in Table 24: Required Amenities. However, multiples of the same amenity do not count towards the requirements in Table 24: Required Amenities. Additionally, to provide flexibility in development design, the director may approve different amenities that agree with the purpose of this section 9.04.042.

(i)

Swimming pool (minimum 1,000 square foot surface area) with cooling deck (minimum ten feet wide in all areas);

(ii)

Jacuzzi or hot tub area (minimum 50 square foot area);

(iii)

At least four barbeque grills or one grill per 100 units, whichever is greater, with shaded seating areas, all barbeque grills shall be:

Serviced with propane or other gas; and

Be built into a structure incorporated into an adjacent amenity (i.e., pool or seating area);

(iv)

Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 square feet of recreation space;

(v)

Child play lot (minimum 3,000 square foot area) with equipment specifically designed to meet the following three age cohorts: 0–2 years old, 2–5 years old, and 5–12 years old;

(vi)

A splash pad (water play amenity for children) that is a minimum of 1,000 square feet in area;

(vii)

A dog park that is at least 5,000 square feet in area that:

Is enclosed by a minimum five-foot tall vinyl-coated chainlink fence;

Uses grass, wood chips, or a combination of the two as surface materials; and

Provides at least one dog waste station that includes a bag dispenser and waste receptacle installed along the perimeter of the enclosure for every 2,500 square feet of the associated dog park.

(viii)

Regulation-size volleyball, basketball, tennis, or other similarly related playing court.

(ix)

Golf putting green (minimum 1,000 square feet);

(x)

Fitness center/weight room (minimum 500 square feet);

(xi)

Business center (minimum 500 square feet);

(xii)

Media room (minimum 500 square feet);

(f)

Nonresidential standards.

(1)

Building articulation.

(A)

All buildings shall utilize facade offsets and appropriate fenestration to add variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.

(B)

Elevations that are 50 feet or longer in horizontal length require at least two offsets (projection or recess) from the primary facade plane of at least 18 inches deep and 4 feet wide.

(C)

The height of those offsets is equal to the building's height at the location of the offset.

(2)

Roof treatment.

(A)

Long uninterrupted rooflines and planes shall be broken into smaller segments through the use of scaled gables or dormers, changes in height, changes in roof form, type or planes that typically correspond to offsets in the building's facade, or other appropriate architectural elements.

(B)

Parapet rooflines shall feature a well-defined cornice treatment or another similar element to visually cap each building elevation.

(3)

Fenestration.

(A)

The use of recessed windows, awnings, sills, drip caps, projecting trim casings or surrounds, projecting muntins or mullions, and other elements is required.

(B)

Any glass with a visible light reflectance rating of 25% or greater is prohibited.

(4)

Elements.

All buildings or developments shall be required to provide at least two of the following elements:

(A)

The primary entrance for all buildings shall feature a protected entry through the use of a recessed entry, porte-cochere, awning, canopy, or similar feature that serves the same purpose. The covering shall be at least three feet in depth when measured from the face of the adjoining facade.

(B)

All building elevations shall feature at least two facade offsets (recess or projection) of at least five feet in depth for every 50 feet of horizontal length.

(C)

All building elevations shall feature at least three distinct rooflines.

(D)

All primary and secondary building entrances, excluding emergency exits and service doors, feature a recessed entry, canopy, awning, or similar sheltering feature of at least 50 square feet.

(g)

Mixed-use standards.

(1)

Building articulation.

(A)

All buildings shall utilize facade offsets and appropriate fenestration to add variation and visual interest to an elevation and to break up long uninterrupted walls or elevations.

(B)

Elevations 50 feet or longer in horizontal length require at least two offsets (projection or recess) from the primary facade plane of at least 18 inches deep and 4 feet wide.

(C)

The height of those offsets is equal to the building's height at the location of the offset.

(D)

Columns and piers shall be spaced no farther apart than the height of the column or pier.

(2)

Roof treatment.

(A)

(B)

Parapet rooflines shall feature a well-defined cornice treatment or another similar element to visually cap each building elevation.

(C)

Mansard roofs are prohibited.

(3)

Fenestration.

(A)

The use of recessed windows, awnings, sills, drip caps, projecting trim casings or surrounds, projecting muntins or mullions, and other elements is required.

(B)

Any glass with a visible light reflectance rating of 25% or greater is prohibited.

(4)

Ground floor.

(A)

A mixed-use development's ground or first floor is reserved for commercial uses, such as retail, office, and restaurant uses.

(B)

For those mixed-use developments incorporating live-work units, the first floor may be shared with residential and commercial uses.

(C)

The ground floor shall have a minimum ceiling height of 14 feet.

(5)

Elements.

All buildings or developments shall be required to provide at least two of the following elements:

(A)

(B)

All building elevations shall feature at least two facade offsets (recess or projection) of at least five feet in depth for every 50 feet of horizontal length.

(C)

All building elevations shall feature at least three distinct rooflines.

(D)

All primary and secondary building entrances, excluding emergency exits and service doors, feature a recessed entry, canopy, awning, or similar sheltering feature of at least 50 square feet.

(E)

Other similar architectural features as approved by the director.

(6)

Amenities.

(A)

A mixed-use development shall provide a minimum of two amenities.

(B)

The amenities below may be used to fulfill the requirements. Each amenity counts as one required amenity towards the requirements; however, multiples of the same amenity do not count towards the requirements. Additionally, to provide flexibility in development design, the director may approve different amenities that agree with the purpose of this section 9.04.042.

(i)

Swimming pool (minimum 850 square foot surface area) with cooling deck (minimum ten feet wide in all areas);

(ii)

Jacuzzi or hot tub area (minimum 50 square foot area);

(iii)

At least two barbeque grills or one grill per 100 units, whichever is greater, with shaded seating areas, all barbeque grills shall be:

Serviced with propane or other gas; and

Be built into a structure incorporated into an adjacent amenity (i.e., pool or seating area);

(iv)

Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 square feet of recreation space;

(v)

A dog park that is at least 5,000 square feet in area that:

Is enclosed by a minimum five-foot tall vinyl-coated chainlink fence;

Uses grass, wood chips, or a combination of the two as surface materials; and

Provides at least one dog waste station that includes a bag dispenser and waste receptacle installed along the perimeter of the enclosure for every 2,500 square feet of the associated dog park;

(vi)

Fitness center/weight room (minimum 500 square feet);

(vii)

Business center (minimum 500 square feet);

(viii)

Media room (minimum 500 square feet).

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.043 Parking.

(a)

Purpose.

The purposes of this section are to:

(1)

Ensure that adequate off-street parking is provided for new land uses and changes in use;

(2)

Minimize the negative environmental and development design impacts that can result from excessive parking, driveways, and drive aisles within parking areas;

(3)

Establish standards and regulations for safe and well-designed parking and vehicle circulation areas that minimize conflicts between pedestrians and vehicles within parking areas and surrounding land uses;

(4)

To regulate residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city;

(5)

Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in context-sensitive locations;

(6)

Ensure compliance with provisions of the Americans with Disabilities Act (ADA);

(7)

Minimize the visual impact of off-street parking areas; and

(8)

Ensure that adequate off-street bicycle parking facilities are provided in walkable areas and promote parking that offers safe and attractive pedestrian routes.

(b)

Applicability.

(1)

Any new building, structure, use, redeveloped site, or enlarged or expanded existing building or use, must meet this section's parking requirements. These developments require permanent parking and off-street loading. Parking spaces may be provided in a garage or surfaced open area.

(2)

When a change in the intensity of use of any building or structure would increase the required parking by more than five (5) spaces or ten (10%) percent, whichever is greater, through addition or change in the number of dwelling units, gross floor area, or other specified units of measurements, the increment of additional required parking is provided in accordance with this section unless an adjustment is permitted in subsection (g) below. If less than five (5) spaces or ten (10%) percent, whichever is greater, are required by a change or series of changes in use, the director may waive up to the incremental required number of parking spaces after determining that the granting of the waiver will not be detrimental to the public welfare and will be consistent with the comprehensive plan.

(c)

Compliance required.

(1)

Off-street parking and loading review.

Each application for a site plan, building permit, or certificate of occupancy shall include information as to the location and dimensions of parking spaces, and the means of ingress and egress to those spaces. This information is in sufficient detail to determine the requirements of this zoning ordinance are met and shall contain necessary information required by applicable provisions of this zoning ordinance.

(2)

ADA compliance.

All ADA parking spaces and related ADA accessibility features are required to be installed in accordance with the current edition of the ADA Standards for Accessible Design (the "ADA Standards") as published by the Department of Justice. Where discrepancies exist between this zoning ordinance and the ADA Standards, the ADA Standards shall apply. All required parking shall meet the ADA Standards.

(3)

Parking reduction procedures.

No existing or proposed parking shall be reduced or eliminated unless otherwise specified. Reductions in parking spaces may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.

(d)

Off-street parking requirements.

Minimum off-street parking shall follow the requirements established in Table 19: Use Table.

(e)

Metrics and interpretations for computation.

(1)

Square footage (floor area).

The total or gross building square footage.

(2)

Fraction of a space.

When the calculation of the number of required parking and loading spaces results in a requirement of a fractional space, any fraction is interpreted as one (1) whole parking or loading space.

(3)

Parking specific variables.

(A)

Square footage.

(i)

Example: 1/1,000 sf.

(ii)

Interpretation: 1 parking space for every 1,000 square feet of the building's floor area.

(B)

Dwelling unit.

(i)

Example: 1/DU.

(ii)

Interpretation: 1 parking space for each dwelling unit.

(C)

Bedroom(s)/guestroom(s).

(i)

Example: 1 + (0.75) bedrooms.

(ii)

Interpretation: 1 parking space plus the number of parking spaces from calculating 0.75 times all bedrooms.

(D)

Bedroom unit.

(i)

Example: 1.5/1 BRU.

(ii)

Interpretation: 1.5 parking spaces for a single-bedroom apartment unit.

(E)

Acres.

(i)

Example: 1/5 acres.

(ii)

Interpretation: 1 parking space for every 5 acres.

(f)

Additional rules for computing parking requirements.

(1)

Uses not listed.

The director shall have the authority to determine the required parking and loading facilities for uses not specifically listed in the tables established in this section. This determination by the director is in writing and is appealable to the city council.

(2)

Cumulative parking.

In computing the parking requirements for any development, the total parking requirements shall be the sum of the specific parking space requirements for each use included in the development except as provided in joint parking facilities. Where multiple uses are proposed for a building, the parking requirements shall be calculated on the basis of the most restrictive requirements unless specific areas of different uses are delineated by floor or building segment.

(3)

Accessory uses.

Areas accessory to the principal use of a building, or portion of a building, are to be included in the calculation of floor area of the principal use, unless noted otherwise.

(4)

Alterations, expansions, and changes in use.

For alterations, expansions, or changes in uses, prior to a certificate of occupancy, the director shall determine in writing, based on information submitted by the applicant, the impact of the proposed change on the parking requirement for the building and the adequacy of the parking provided.

(g)

Adjustments and reductions to parking requirements.

(1)

Generally.

(A)

In specific instances established below, the director or city council may approve a reduction in required parking spaces. Applications for a reduction shall include the following information:

(i)

A parking study that substantiates the need for a reduced number of spaces; and

(ii)

A plan showing how the parking spaces are provided on the site.

(B)

Multiple parking adjustments and reductions may be used.

(C)

The maximum required parking reduction shall not total more than 35% unless specifically authorized in this section.

(2)

Adjustments and reductions by the director.

(A)

Joint parking facilities.

With the approval of a site plan, off-street parking facilities for different buildings, structures, or uses, or for mixed uses, may be provided and used collectively or jointly in any zoning district in which separate off-street parking facilities for each constituent use would be permitted, subject to the following provisions below.

(i)

A legally sufficient written agreement assuring the perpetual joint usage of the common parking for the combination of uses or buildings is properly drawn and executed by the parties concerned, approved as to form and execution by the city attorney, and filed with and made part of the application for a building permit.

(ii)

Up to 60% of the parking spaces required for a theater or other place of evening entertainment, or for a religious facility, 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 planning and zoning commission. The city council may rescind such approval.

(iii)

Additional parking shall be obtained by the owners if the city council determines that such joint use results in a public nuisance by providing an inadequate number of parking spaces or otherwise adversely affecting the public health, safety, or welfare.

(B)

Captive market.

Parking requirements for retail and restaurant uses may be reduced up to 25% where it can be determined that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of five hundred (500) feet.

(C)

Availability of public parking.

Parking requirements may be reduced by 20% if a property has available to it a sufficient supply of existing underutilized public parking spaces in both off-street public parking lots or on-street public parking spaces. Parking must be within a maximum walking distance of five hundred (500) feet from the proposed use.

(D)

Mixed-Use (MU) District parking.

Any new development in the Mixed-Use (MU) District may apply a 15% reduction to the required parking ratio established in Table 19: Use Table for that particular use.

(E)

Downtown (DT) District parking.

Any new development in the Downtown (DT) District may apply a 25% reduction to the required parking ratio established in Table 19: Use Table for that particular use.

(F)

Required parking for a restaurant with drive-through service and no dine-in seating and carryout orders may be reduced as long as three parking spaces or more parking spaces are provided.

(3)

Adjustments and reductions by the city council.

(A)

The city council may reduce the parking requirements in subsection (g)(2)(C) by 35%.

(B)

The city council may reduce parking if the applicant can clearly demonstrate that the required parking provisions create unnecessary hardship due to the particular nature or conditions of the proposed use.

(h)

Design.

(1)

All required parking spaces shall be located on the premises of the use to which that requirement applies or within an off-street space distance no more than 500 feet from the premises.

(2)

The surface of parking spaces and aisles, truck standing spaces, and access driveways shall be treated, prepared, and maintained for adequate drainage and the elimination of dust, dirt, and mud.

(3)

The minimum parking space, drive aisle dimensions, and any other associated standards shall meet the requirements and specifications established in article 9.03 (design standards).

(i)

Residential off-street parking.

(1)

No person shall park any automobile, bus, truck, motorcycle, or any vehicle on any portion of a front yard or side yard of any area that is zoned SF-20.0, SF-14.5, SF-12.0, SF-10.5, SF-8.4, SF-7.2, SF-6.0, MD, MF, unless that area is a:

(A)

Hard-surfaced driveway or parking area;

(B)

Gravel driveway bordered by cement curbing or similar permanent border;

(C)

Required driveway that provides access to a garage, carport, or off-street parking area required by this section; and

(D)

Side yard that is enclosed by a screening fence at least six feet in height and so constructed that no person can see through into the area surrounded by the fence.

(2)

All residential driveways and any other associated standards shall meet the requirements and specifications established in article 9.03 (design standards).

(j)

Parking and storage for major recreational equipment and vehicles.

(1)

No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building, on a driveway, or in a required side or rear yard; provided, however, that such equipment may be parked anywhere on a residential premises no more than 24 hours during loading or unloading.

(2)

No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed 14 consecutive calendar days within a 30-day period.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.044 Loading.

(a)

Purpose.

The purposes of this section are to:

(1)

Ensure that adequate loading facilities are provided for new land uses;

(2)

Establish standards and regulations for safe and well-designed loading and unloading to minimize conflicts between pedestrians and vehicles within parking areas and surrounding land uses;

(3)

Minimize the impact of improperly planned loading areas.

(b)

Applicability.

(1)

Generally.

Any new building, structure, use, redeveloped site, or enlarged or expanded existing building or use must meet this section's requirements unless specifically exempted.

(2)

Exemptions.

These requirements do not apply to residential, accessory, and temporary uses.

(c)

Generally.

The required number of off-street loading spaces is determined by gross floor area. Outdoor storage, sales, or display areas must be added to the gross floor area if these areas contain materials that are received or distributed by trucks (display areas for an auto dealership are excluded from this calculation). If a development has more than two uses, the off-street loading space requirement is the highest number of spaces required by a single use. Required loading spaces follow the standards prescribed in Table 25: Required Loading.

Table 25: Required Loading
Building Square Footage	Loading Spaces Required
0–10,000	0
10,001–50,000	1
50,001–100,000	2
100,001–200,000	3
Each additional 100,000	1 additional

(d)

Standards.

(1)

Location.

A loading space:

(A)

Must be located within the same development as the building or use served;

(B)

Is prohibited from projecting into a sidewalk, street, or public right-of-way, including any maneuvering area;

(C)

Is prohibited from being located between the front building line and the lot line;

(D)

Must be placed to the rear or side of buildings in visually unobtrusive locations;

(E)

Must be set back a minimum distance of 100 feet from any adjacent residential zoning district or use;

(F)

Must be set back a minimum distance of 50 feet from any public street or front property line; and

(G)

Must be oriented away from the street frontage.

(2)

Dimensions.

The minimum loading space size is 35 feet in length, 12 feet in width, and 15 feet in height.

(3)

Maneuvering.

The size of delivery vehicles intending to serve the site determines maneuvering area size. Each maneuvering area for loading spaces must not conflict with parking spaces or with the maneuvering areas for spaces. A maneuvering area must be located on-site and be a minimum of 40 feet for spaces serving delivery vehicles.

(4)

Design.

Each loading space must minimize conflicts with other vehicular, bicycle, and pedestrian traffic.

(A)

Loading facilities must maintain a 50-foot minimum distance from any residential property unless completely enclosed by building walls, a uniformly solid wall, or a combination of the two.

(B)

Landscaping and screening and fencing prescribed in section 9.04.045 and section 9.04.046 apply to loading facilities and shall prevent direct views of the loading facilities and their driveways from adjacent properties and public right-of-way.

(C)

Loading docks for any use adjacent to a residential use or district shall be designed and constructed to enclose the loading operation on three sides to reduce noise, with the open end directed away from residential property.

(e)

Loading and unloading of children.

To ensure the safety of children entering and exiting daycare centers or other places where loading and unloading to automobiles and/or buses occurs, the following regulations shall apply.

(1)

Designated loading/unloading spaces.

Schools, daycare centers, and similar child training and care establishments shall provide loading and unloading parking spaces as close to the establishment's front door as is practical. These spaces shall be located on an internal drive that does not block the fire lane or other businesses' vehicular movement and shall be stained, painted, or stamped so that the area is easily identified.

(2)

Drop-off lane.

Kindergartens, elementary schools, day schools, and similar child training and care facilities shall provide a separate, concrete-paved loading and unloading lane area adjacent to an entrance that allows drivers to approach the entrance and, without exiting the vehicle, the staff will assist in loading and unloading of the children in and out of the vehicle. This drop-off lane shall be one-way and with sufficient stopping points to allow a minimum of two cars to unload simultaneously. In addition, the drop-off lane shall be constructed to allow vehicles to exit the lane without impeding the movement of other vehicles using other drive aisles or causing a safety hazard with parents and/or children entering or exiting the building.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.045 Landscaping.

(a)

Purpose.

The purpose of this section is to preserve the city's unique character and integrate and enhance new development by promoting landscape design that:

(1)

Reinforces the identity of the community;

(2)

Appropriately situates new buildings in the landscape;

(3)

Provides adequate vegetation for screening and buffering between land uses;

(4)

Provides tree canopies to reduce urban heat island effect;

(5)

Preserves existing trees and establishes procedures for replacing removed trees;

(6)

Balances water demand and use;

(7)

Identifies climate-appropriate landscape material; and

(8)

Protects the city's natural resources.

(b)

Applicability.

This section applies to:

(1)

All nonresidential, multifamily, and mixed-use developments for new construction unless otherwise specified;

(2)

Residential development in certain instances as specified and provided in this section;

(3)

Any existing nonresidential, multifamily, or mixed-use development that is altered by increasing the floor area by 30% or more of the originally approved floor area, either by a single expansion or by the cumulative effect of a series of expansions;

(4)

Any change in use requiring the expansion of or significant improvements to meet parking standards shall upgrade landscaping on the site and meet this section's requirements. If the standards cannot be met, then a variance may be requested.

(c)

Landscape plan required.

(1)

A landscape plan is required and shall be shown as part of the site plan.

(2)

No permits shall be issued for building, paving, grading, or construction until a landscape plan is approved. Before issuing a certificate of occupancy for any building or structure, all screening and landscaping shall be in place per the landscape plan.

(3)

If a certificate of occupancy is sought at a season of the year in which the director determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, a temporary certificate of occupancy may be issued if a letter of agreement from the property owner is provided stating when the installation shall occur. All landscaping required by the landscape plan shall be installed within six months of the date of issuance of the temporary certificate of occupancy or the site shall be deemed to be in violation of this section and the temporary certificate of occupancy shall be revoked.

(d)

General landscape standards.

The following criteria and standards shall apply to landscape materials and installation:

(1)

Required landscaped open areas shall be completely covered with living plant material unless approved xeriscape planting materials are used. All required landscaped open areas using xeriscape planting materials shall provide 50% of living plant material. Nonliving landscaping materials such as wood chips and gravel may be used only under trees, shrubs, and other plants.

(2)

Plant materials shall conform to the standards of the approved plant list for the city (see approved plant list[1]). Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.

[1]

Editor's note–Approved Plant List is included as an attachment to this chapter.

(3)

Required plant materials are classified as:

Canopy trees;

Ornamental trees;

Shrubs;

Hedges;

Vines; and

Grasses and ground covers.

(4)

Required plant materials shall follow the requirements established in Table 26: Planting Requirements.

Table 26: Planting Requirements
Plant Material Type	Maturity Crown Spread	Minimum Requirements at Time of Planting
Plant Material Type	Maturity Crown Spread	Caliper at DBH	Height
Canopy Tree	25 ft	3 inches	7 ft
Ornamental Tree*	15 ft	1 inch	5 ft
Shrubs**	N/A	N/A	2 ft

Notes	*Ornamental trees having a minimum mature crown of less than 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet of crown width.
	**Shrubs shall be planted no further apart than three feet on center.

(5)

Hedges, where installed for buffering purposes required by this section, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen that will be three feet high within two years after the time of planting.

(6)

Landscaping, except required grass and low ground cover, shall not be located closer than 3 feet from the edge of any parking space.

(7)

Evergreen vines not intended as ground cover shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screening devices, or walls to meet landscape screening and buffering requirements.

(8)

Grass areas shall be sodded, plugged, sprigged, hydro-mulched, or seeded, except that solid sod shall be used in swales, or when necessary to prevent erosion. Grass areas shall be established with complete coverage within a six-month period of time from planting and shall be re-established, if necessary, to ensure grass coverage of all areas.

(9)

Ground covers used in lieu of grass shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one year of planting.

(10)

All required landscaped areas shall be provided with an automatic underground irrigation system and shall design irrigation systems and watering schedules that supply the appropriate amount of water without overwatering. This does not apply to required landscaping for residential development. That irrigation system shall be designed by a qualified professional and installed by a licensed irrigator after receiving a permit, as may be required under the construction code.

(11)

Earthen berms may be planted and, when installed, shall follow the requirements below.

(A)

Earthen berms shall have side slopes not to exceed 3:1 (three feet of horizontal distance for each one foot of height).

(B)

Earthen berms shall contain necessary drainage provisions, as may be required by the city engineer.

(C)

Earthen berm plantings shall consist of consisting of newly planted evergreen and deciduous trees and shrubs native to the region.

(D)

Evergreen and deciduous trees shall be a minimum of two-inch caliper measured at DBH and a minimum of six (6) feet in height at time of planting.

(E)

Required deciduous and evergreen shrubs shall be a minimum of three (3) feet at time of planting.

(12)

No tree shall be planted closer than four feet to a right-of-way line nor closer than eight feet to a public utility line (water or sewer), unless no other alternative is available. Further, a landscaping area in which trees are to be provided shall not conflict with a utility easement, unless no alternative is available.

(13)

No tree that has a mature height of 25 feet or greater shall be planted within 25 feet (measured horizontally) from the nearest existing or proposed overhead utility line (see appendix 1 and appendix 2 [2] of article 9.07, tree preservation for height references).

[2]

Editor's note–Appendices 1 and 2 are included as attachments to this chapter.

(e)

Xeriscaping standards.

To promote prudent use of the city's water resources and reduce the need for additional water system infrastructure, additional water resources and water purification systems, and to help ensure the viability of required plantings during periods of drought, required landscaping shall comply, where feasible, with the following requirements designed to reduce water usage.

(1)

Required plant materials shall be selected from those identified as xeriscape plants on the approved plant list.

(2)

Where specific conditions reduce the likelihood that any of the plant materials will survive, other plants on the list may be substituted at the director's discretion.

(3)

Other plants not on the list may be substituted at the director's discretion. The applicant may be required to provide substantiation as to the hardiness, adaptability, and water demands of the plant when used in this area.

(4)

For maximum reduction in water usage, xeriscape plants shall not be interspersed in plant massings with plants requiring higher water usage.

(f)

Minimum landscaping requirements.

(1)

General.

(A)

All existing trees that are to be considered for credit shall be provided with a permeable surface within a minimum five-foot radius from the trunk of the tree. All new trees shall be provided with a permeable surface under the dripline with a minimum two and one-half foot radius from the trunk of the tree.

(B)

Canopy trees, as specified on the approved plant list, shall account for at least 50% of the required total trees on a site.

(C)

Necessary driveways from the public right-of-way shall be allowed through all required landscaping areas in accordance with this zoning ordinance. Shared drives shall be allowed through perimeter landscape areas.

(D)

All trees planted to satisfy the tree standards must meet the requirements established in Table 26: Planting Requirements.

(2)

Parking lots.

(A)

Landscape areas within parking lots shall be at least 180 square feet in size with approximate dimensions of 10 feet wide by 18 feet deep.

(B)

Landscape areas shall be located to define parking areas and assist in clarifying appropriate circulation patterns.

(C)

A landscape island shall be located at the terminus of each parking row, and shall contain at least one canopy tree.

(D)

All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

(E)

At least 75% of the frontage of parking lots adjacent to a public right-of-way, within the street yard shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet, an earthen berm of a minimum height of three feet, a low masonry wall of a height of three feet, or a combination of the above with a combined height of three feet. A wall used for parking lot screening shall be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall.

(3)

Nonresidential, mixed-use, and multifamily development.

(A)

At least 15% of the street yard shall be a permanent landscape area. This requirement is reduced to 10% for properties in the Downtown (DT) District.

(B)

When located at the intersection of two dedicated public streets (rights-of-way), a 600 square foot landscape area shall be provided at the intersection corner, which can be counted toward the 15% street yard requirement.

(C)

A minimum of 10% of the entire site shall be devoted to living landscape, which shall include grass, ground cover, plants, shrubs, or trees.

(i)

No landscape area counting toward minimum landscaping requirements shall be less than 25 square feet in area or less than five feet in width.

(D)

An applicant shall be required to plant one canopy tree per 40 linear feet, or portion thereof, of street frontage within the required landscape buffer.

(i)

Trees may be grouped or clustered to facilitate site design. In no instance shall canopy trees be planted within 30 linear feet of each other.

(ii)

These trees must be within the street yard except when the property is restricted by easements.

(iii)

When the street yard is restricted by easements any combination of the following may be permitted:

The required canopy trees may be substituted with two ornamental trees for every one canopy tree required within the street yard;

Up to 50% of the required canopy trees may be placed in the internal landscape.

(E)

In the Downtown (DT) District, the required tree planting standard shall be five canopy trees or 10 ornamental trees for every acre of development for lots greater than one acre.

(F)

Internal landscape areas shall:

(i)

Equal a total of at least eight square feet per parking space;

(ii)

Have at least one tree within a landscaped area within 65 feet of every parking space;

(iii)

Have a minimum of one tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces. These required trees shall be provided within the internal landscape area. These requirements shall not apply to multi-level parking structures or Downtown (DT) District properties.

(G)

Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet wide shall be maintained between the edge of the parking area and the adjacent property line. This landscape area shall be grassed and may provide approved ornamental trees or shrubs.

(H)

Whenever a nonresidential use, mobile home use, or multifamily use is adjacent to a property used or zoned for single-family or duplex residential use, the more intensive land use shall provide a landscaped area of at least 10 feet in width along the common property line planted with one canopy tree for each 40 linear feet or portion thereof of adjacent exposure.

(I)

All nonresidential properties shall provide trees at a ratio of 10 trees per acre (43,560 sq. ft.) or one tree per 4,356 sq. ft. of the gross lot area. At the discretion of the city and the property owner's request, the 10 trees per acre requirement may be satisfied by planting trees elsewhere in the city at the direction and discretion of the director.

(4)

Residential development.

(A)

Generally.

(i)

Applicants are required to plant the amount established in Table 27: Residential Planting Requirements per lot prior to obtaining a certificate of occupancy.

(ii)

Existing quality trees of at least three-inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed.

(B)

Requirements.

(i)

Trees selected from the canopy tree list in this section shall be planted on all single-family and two-family lots.

(ii)

At least one of the trees must be placed in the front yard of the lot.

(iii)

For all residential properties, common areas, and open space lots, applicants are required to plant one canopy tree per 40 linear feet of street frontage. Trees may be grouped or clustered to facilitate site design.

(iv)

The following minimum standards apply as established in Table 27: Residential Planting Requirements. An applicant shall choose one of three planting options. An applicant may plant the required canopy trees, ornamental trees, or a combination of canopy and ornamental trees specified in Table 27: Residential Planting Requirements.

Table 27: Residential Planting Requirements
Trees	Canopy	Ornamental	Combination (Canopy/Ornamental)
Zoning District
Single-Family Residential (SF-20.0) District	3	5	2/3
Single-Family Residential (SF-14.5) District
Single-Family Residential (SF-12.0) District
Single-Family Residential (SF-10.5) District	2	4	1/3
Single-Family Residential (SF-8.4) District
Single-Family Residential (SF-7.2) District
Single-Family Residential (SF-6.0) District	1	3	1/2
Mixed-Density Residential (MD) District	1	2	1/1

NOTE: All required trees will be planted prior to issuance of the certificate of occupancy on the dwelling. The city does not regulate required plantings on individually platted single-family residential lots after issuance of a certificate of occupancy.

(g)

Landscape buffers.

(1)

Landscape buffers on local streets.

For all nonresidential, mixed-use, and multifamily developments, a minimum 10-foot landscape buffer adjacent to the right-of-way of any local street or any other unclassified street is required (see Figure 8: Landscape Buffers). If the lot is a corner lot, all frontages shall be required to observe the 10-foot buffer. Slight modifications may be allowed to the minimum 10-foot landscape buffer in unusual circumstances, as approved on the site plan.

Figure 8: Landscape Buffers

(2)

Landscape buffers on arterials and collectors.

For nonresidential, mixed-use, and multifamily developments, a minimum 20-foot landscape buffer adjacent to the right-of-way of any arterial or collector is required (see Figure 8: Landscape Buffers). If the lot is a corner lot, all frontages shall be required to observe the 20-foot buffer.

(3)

For all residential development, a minimum 20-foot landscape buffer shall be required adjacent to all sides of arterials and collectors.

(4)

Modifications.

If unique circumstances exist that prevent strict adherence to the requirements of subsections (1) and (2) above, the planning and zoning commission may consider granting a modification during the preliminary site plan or site plan approval process to reduce the minimum 20-foot landscape buffer to a minimum of 10 feet, provided that site design considerations have been incorporated to mitigate the impact of the modification. Unusual circumstances include, but are not limited to, insufficient lot depth or size of the existing lot, existing structures and drives, and floodplain and existing trees to be preserved. A financial hardship shall not be considered a basis for granting a modification.

(h)

Tree preservation.

(1)

All tree preservation shall comply with the regulations of this subsection (h) in addition to the requirements established in article 9.07.

(2)

Any trees preserved on a site meeting these specifications may be credited toward meeting the tree requirement of any landscaping provision of this section for that area within which they are located, according to Table 28: Tree Preservation Credits, depending on the applicant's preference to accept or decline the credit. For purposes of this section, caliper measurement shall be taken at DBH above the ground and rounded to the nearest whole number.

Table 28: Tree Preservation Credits
Caliper of Existing Tree	Credit Against Tree Requirement
6" to 8"	2 trees
9" to 15"	3 trees
16" to 30"	4 trees
31" to 46"	5 trees
47" or more	8 trees

(3)

Existing trees may receive credit if they are not on the city's approved plant material list but are approved by the director; however, trees must be located within the landscape area to which credit is applied.

(4)

Any tree preservation proposed shall designate the species, size, and general location of all trees on the conceptual or general landscape plan. The final landscape plan shall show the species, size, and exact location.

(5)

During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The applicant shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the dripline of any trees. This is not intended to prohibit the normal construction required within parking lots.

(6)

During the construction stage of development, the applicant shall not allow the cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the applicant allow the disposal of any waste material, such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree.

(i)

Sight distance and visibility.

(1)

Rigid compliance with these landscaping requirements shall not cause visibility obstructions and blind corners at intersections as established in section 9.04.041(f).

(2)

If visibility obstructions are apparent in the proposed landscape plan as established in section 9.04.041(f), the director, may modify those landscaping requirements to eliminate the conflict.

(j)

Maintenance.

(1)

The owner(s) and/or their agent(s), 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. This shall include, but not be limited to:

(A)

Mowing (of grass of six inches or higher);

Edging;

Pruning;

Fertilizing;

Watering;

Weeding; and

Other activities common to maintenance of landscaping.

(2)

Landscape areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year.

(3)

Plant materials used to meet minimum landscaping provisions that die or are removed shall be replaced with plant material of similar variety and size within 90 days.

(4)

If any tree was preserved and used as a credit toward landscaping requirements was later removed for any reason, it shall be replaced by the number of trees for which it was originally credited. Replacement trees shall have a minimum trunk diameter of three inches measured 24 inches above the ground.

(5)

A time extension may be granted by the director if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner, tenant, or their agent.

(6)

Failure to maintain any landscape area in compliance with this section is considered a violation of this article and may be subject to penalties prescribed for violation of this zoning ordinance.

(k)

Approved plant materials.

The allowed plant materials are established in a checklist at the development services department that is maintained by the director.

(l)

Prohibited plant materials.

The prohibited plant materials are established in a checklist at the development services department that is maintained by the director.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.046 Screening and fencing.

(a)

Purpose.

The purposes of this section are to:

(1)

Minimize conflicts between potentially incompatible land uses and development on the abutting property;

(2)

Ensure that screening devices and fences are attractive and in character with the neighborhood;

(3)

Maintain fences by recognizing their use to create privacy; and

(4)

Distinguish screening devices and fences from each other by clearly defining the two terms and applying specific standards to each term.

(b)

Applicability.

This section applies to all development within the city's corporate limits. This section does not apply to residential development unless otherwise specified.

(c)

Screening device standards.

(1)

Generally.

(A)

All required screening devices must be equally finished on both sides.

(B)

All openings on the surface for passage shall be equipped with gates equal in height and screening characteristics specified below, but need not be of the same material as the main fence or wall.

(C)

Where a screening device is constructed, placed or planted on uneven terrain, there shall be no gap under the device, and the device must be composed of the same material throughout.

(D)

No screening device comprised of brick, masonry, concrete, or solid metal shall be erected or placed that would interfere with the installation or maintenance of any public utility line, service, or drainageway within a dedicated easement unless approved by the city engineer.

(E)

No screening device shall conflict with the sight visibility requirements of section 9.04.041(f).

(F)

Any required screening device provided by a more intensive use abutting a residential use or district shall be permanently and adequately maintained by the more intensive use's property owner.

(G)

If there is an existing screening device or fence along a residential property line and a nonresidential use is proposed, the required screening device shall be a living plant screen that complies with the requirements established in section 9.04.045 and is deemed acceptable by the director. However, this requirement may be exempted if a 5-foot minimum space between two screening devices and fences is provided for maintenance access. The intent of these requirements is to eliminate screening situations where two screening walls or fences abut each other.

(H)

Before issuing an occupancy permit, all approved screening devices must be in place.

(I)

All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The occupancy permit may be revoked by the director for failure to adequately maintain such screening device.

(2)

Exceptions.

Required screening devices are not required if:

(A)

An approved screening device already exists along the property line.

(B)

The portion of the subject property to be screened contains a wooded area that shall be maintained for the life of the project and a tree survey indicates that a majority of the trees in the wooded area on the subject property are found to be "quality trees," as defined in the checklist at the development services department; or

(C)

The portion of the subject property to be screened is adjacent to a floodplain containing existing trees that provide natural screening.

(3)

Design requirements.

A screening device shall be erected or placed in all locations and in accordance with all provisions specified below:

(A)

Height.

The minimum and maximum screening device height follow the requirements established in Table 29: Required Screening Height.

Table 29: Required Screening Height
Screening	Minimum Height	Maximum Height
Garbage, trash, or refuse container	7 ft	10 ft
Outdoor storage	8 ft	10 ft
Multifamily	6 ft	8 ft
Industrial	8 ft	10 ft
Other required screening	6 ft	8 ft

(B)

Materials.

The materials shall consist of one or more of the following unless specified elsewhere in this zoning ordinance (See Figure 9: Allowed Screening Devices):

(i)

Brick masonry, stone masonry, concrete block, or other architectural masonry finish; or

(ii)

Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20 feet on center with structural supports spaced every ten feet, and with sufficient evergreen landscaping to create a solid screening effect; or

(iii)

Living plant screens (evergreen shrubs with a minimum of three feet in height at the time of planting) that will not be detrimental to adjacent property and will provide sufficient visual screening based on the proposed location and characteristics of the project. A living plant screen shall comply with the requirements established in section 9.04.045; or

(iv)

Alternate equivalent screening that provides an exceptional screening aesthetic, meets sound structural practices and engineering design criteria, meeting the intent and function of this section at the discretion of the director and city engineer.

Figure 9: Allowed Screening Devices

(4)

Locational requirements.

The following locational requirements apply:

(A)

All allowed open storage of materials, equipment, or commodities shall be screened from view from all streets and any residential properties. Materials, equipment, or commodities shall be stacked no higher than one foot below the top of the screening device or visual barrier.

(B)

Garbage, trash, or refuse containers shall meet the requirements established in section 9.04.048.

(C)

All wrecking yards, junkyards, or salvage yards shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent residential property.

(D)

Display of new vehicles, or used vehicles not defined as junked vehicles under the ordinances of the city or laws of the State of Texas, need not be screened if they are, in the opinion of the chief building official, maintained in a neat and orderly manner.

(E)

Ground mechanical and heating and air-conditioning equipment in nonresidential and multifamily uses shall be screened from view from the public right-of-way and from adjacent residential property.

(F)

Roof-mounted mechanical units shall be screened from view at a point of 5.5 feet above the property line with a parapet wall, mansard roof, or alternative architectural element. The height of the screening element shall be equal to or greater than the height of the mechanical unit provided that the element shall not extend more than 5 feet above the roof on a one or two story building or more than 13 feet above the roof on a building of 3 or more stories. A mechanical unit that is taller than the maximum permitted height of the screening feature shall be set back from the screen 5 feet plus 2 feet for each foot exceeding the height of the screen. Screening for mechanical units shall apply to new building construction only.

(G)

At automotive uses, vehicles awaiting repair for more than 24 hours or after the close of business shall be screened from view from public right-of-way and from adjacent residential property.

(H)

A screening device meeting the standards established in Table 29: Required Screening Height shall be constructed on nonresidential property adjacent to the common side or rear property line.

(I)

Nonresidential uses in a residential district shall be screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of that nonresidential use. These screening requirements are not required for public schools, parks, or religious land uses, except where a parking lot or active outdoor intensive-use area (such as a playground) is adjacent to a residential lot or dwelling.

(J)

Off-street loading areas of any nonresidential use shall be screened from view of any residential dwelling or lot or of any other adjacent public land use.

(K)

Where a multifamily use abuts a single-family or two-family use or district, the side and rear property lines of that multifamily use shall be screened from view of adjacent dwelling(s).

(L)

No screening device or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot, unless otherwise allowed by the board of adjustment through a variance request.

(M)

Where a nonresidential use abuts a residential lot, use, or district, the side and rear property lines abutting that residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use, or district to the nonresidential use to a height not less than six feet.

(N)

Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half feet.

(d)

Fencing standards.

(1)

Generally.

(A)

Solid fences shall not be allowed in the required front yard in any district, except for the Mixed-Density Residential (MD) and Multifamily Residential (MF) Districts. In these instances, a 20-foot minimum setback shall be required for fencing along the right-of-way frontage.

(B)

No fence shall exceed three feet in height in the required front yard in any residential district.

(C)

No fence shall be allowed in the required right-of-way.

(D)

No fence shall conflict with the sight visibility requirements of section 9.04.041(f).

(E)

Every fenced enclosure constructed under the provisions of this section shall have at least one gate in its perimeter.

(F)

Chainlink fencing is only allowed on single-family residential lots and industrial sites.

(G)

All fences constructed under this section's provisions shall be maintained to comply with this section's requirements at all times. The director may order the repair or removal of a fence if it is more than 5% damaged or leaning 10 degrees from vertical. Fences shall be repaired in compliance with the provisions of this section.

(2)

Corner lots.

(A)

On all corner lots in residential districts with opposing rear lot lines, fences may be constructed not exceeding 96 inches in height along the side and rear yard lines, as indicated in Figure 10: 96 Inch Height Limit.

Figure 10: 96 Inch Height Limit

(B)

On all residential district corner lots where the rear lot line is opposed to a side lot line across an alley from that side lot line, no fence exceeding 30 inches in height shall be constructed upon or within the side yard that is next to the street at a distance from the side building line greater than the minimum side yard requirement, as indicated in Figure 11: Fence Near Alley.

Figure 11: Fence Near Alley

(C)

On all residential district corner lots that are key lots, the corner lot shall have a front building line on both streets, unless that key lot is separated from other lots by a dedicated street or alley. Where the lot lines are opposed to a side lot line of an adjoining lot, no fence exceeding 30 inches in height shall be constructed between the front building lines and the side yard line of the abutting lot, as indicated in Figure 12: Fence at Corner (Key Lot).

Figure 12: Fence at Corner (Key Lot)

(3)

Design requirements.

(A)

Height.

The minimum fence height is 6' from average lot grade with a maximum height of 8'.

(B)

Construction.

(i)

Treated lumber attached with galvanized screws to 2-3/8" diameter galvanized poles installed in an 8" diameter holes no less than 2-1/2 feet deep in 2' of premixed concrete.

(ii)

All posts shall have caps.

(iii)

Brick, stone, masonry, vinyl materials or a combination with masonry columns every 8 feet. All columns shall be at least 18 inches wide and must be the vertical length of the fence.

(iv)

Vinyl materials cannot be used in multifamily areas.

(v)

No thin-wall masonry walls are allowed unless constructed with brick, stone, or other approved masonry units and supported by angle iron with masonry columns on piers.

(vi)

All thin-wall plans shall be sealed by a professional engineer and approved by the city. A "thin wall" is defined as any wall 6" or less in width.

(vii)

At the minimum, wrought iron fences shall have:

2" by 2" by 3/16" square steel tube posts with cast iron pyramid finial "C-1" secured with stainless steel set screws.

Steel tube posts spaced no more than 8 feet from another post.

5/8" solid square pickets spaced 3" to 10" apart.

A 3/4" by 3/4" by 1/8" channel horizontal rail near the upper half of the fence.

(4)

Security fencing.

(A)

Barbed wire fences used in conjunction with permitted agricultural and related activities are permitted without restrictions, but are expressly prohibited in all other districts except as provided below.

(B)

In residential areas, barbed wire, razor wire, electrified fencing, or other hazardous material are not allowed in the construction of fencing.

(C)

No fence that conducts an electrical current is allowed in any district or for any use except for those uses in an agricultural zoning district or correctional facility.

(D)

Barbed wire strands may be placed on top of permitted fences and screening devices in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than 12 feet nor the bottom strand lower than eight feet from the adjacent grade line.

(E)

Barbed wire may be placed on gate arms, fences, and screening devices in industrial zoning districts.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.047 Outdoor lighting.

(a)

Purpose.

The purposes of this section are to:

(1)

Define practical and effective measures by which the obtrusive aspects of excessive and careless outdoor light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property; and

(2)

To curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy-efficient sources, and decreasing the waste of light and glare resulting from overlighting and poorly shielded or inappropriately directed lighting fixtures.

(b)

Applicability.

(1)

Generally.

For all proposed new construction or additions to existing facilities, all new outdoor lighting fixtures shall meet the requirements of this section.

(2)

Additions.

Additions shall require the submission of a complete inventory and site plan detailing any proposed new outdoor lighting. New lighting on the site shall meet the requirements of this section regarding shielding and lamp type.

(c)

Compliance.

All outdoor luminaires devices shall be installed in conformance with the provisions of this section, the building code, the electrical code, and the city's sign code as applicable and under appropriate permit and inspection.

(d)

Roadways.

Lighting for roadways shall utilize only cutoff light fixtures.

(e)

Lighting zones established.

Lighting standards are regulated by zones. These zones are established in Table 30: Lighting Zones.

Table 30: Lighting Zones
Lighting Zone	Zoning Districts
E1	AG
E2	SF-20.0
	SF-14.5
	SF-12.0
	SF-10.5
	SF-8.4
	SF-7.2
	SF-6.0
	MD
E3	MF
E4	C-1
	C-2
	MU
	DT
	I-1
	I-2

(f)

Lighting classification.

Outdoor lighting is classified according to use as follows:

(1)

Class 1 (color rendition).

All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity. Recognized class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; assembly areas such as concert or theater amphitheaters.

(2)

Class 2 (general illumination).

All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern.

(3)

Class 3 (decorative).

Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc.

(g)

Shielding standards.

All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 31: Shielding Standards.

Table 31: Shielding Standards
Use Class and Lamp Type		E1	E2	E3	E4
Nonresidential Uses
Class 1 Lighting (Color Rendition)	Initial Output > 1800 lumens	F	F	F	F
Class 1 Lighting (Color Rendition)	Initial Output < 1800 lumens⁽²⁾	F	A⁽¹⁾	A⁽¹⁾	A⁽¹⁾
Class 2 Lighting (General Illumination)	Initial Output > 1800 lumens	F	F	F	F
Class 2 Lighting (General Illumination)	Initial Output < 1800 lumens⁽²⁾	F	A⁽¹⁾	A⁽¹⁾	A⁽¹⁾
Class 3 Lighting (Decorative)⁽³⁾	Initial Output > 1800 lumens	X	F	F	F
Class 3 Lighting (Decorative)⁽³⁾	Initial Output < 1800 lumens⁽²⁾	F	A⁽¹⁾	A⁽¹⁾	A⁽¹⁾
Residential Uses
All classes⁽⁴⁾	Initial Output > 1800 lumens	F	F	F	F
All classes⁽⁴⁾	Initial Output < 1800 lumens⁽²⁾	A⁽¹⁾	A⁽¹⁾	A⁽¹⁾	A⁽¹⁾

Key	A = All types of fixtures allowed; shielding not required but highly recommended, except that any spot or floodlight shall be aimed not higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway.
	F = Only fully shielded fixtures allowed.
	X = Not allowed.
	⁽¹⁾	Flood or spot lamps shall be aimed no higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway. Exception: Seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted in all lighting zones for 90 calendar days.
	⁽²⁾	See exception for seasonal decorations.
	⁽³⁾	All class 3 lighting shall terminate between 11:00 p.m. (or when the business closes, whichever is later) and sunrise.
	⁽⁴⁾	Residential refers to single-family attached or detached uses located in any of the zoning districts. Multifamily residential uses, or apartments, must use standards for class 1, 2, and 3 lighting.

(h)

Total outdoor light output standards.

Total outdoor light output shall not exceed the limits in Table 32: Lumens Caps. Seasonal decorations, permitted between November 15th and January 15th, are not counted toward these limits. (The values in this table are the maximum permitted levels and not intended as design standards; design standards shall be the lowest levels that meet the requirements of the task.)

Table 32: Lumens Caps
Lumens Caps - Initial Lamp Lumens per Net Acre	Type	E1	E2⁽⁴⁾	E3⁽⁴⁾	E4
Nonresidential Uses⁽¹⁾	Total (full cutoff + unshielded)	125,000	50,000	200,000	1,000,000
Nonresidential Uses⁽¹⁾	Unshielded only	2,000	4,000	4,000	40,000
Residential Uses⁽²⁾⁽³⁾	Total (full cutoff + unshielded)	10,000	10,000	10,000	20,000
Residential Uses⁽²⁾⁽³⁾	Unshielded only	1,000	1,000	5,000	5,000

Key	⁽¹⁾ This refers to all commercial and industrial uses and includes multifamily or apartment uses.
	⁽²⁾ This refers to all single-family attached or detached uses.
	⁽³⁾ In lighting zones E1–E4, each residential single-family attached or detached dwelling or two-family dwelling is allowed up to 5,500 total lumens, or the amount indicated in this table based on the parcel's acreage, whichever is larger. Each is also allowed a maximum of 5,500 lumens of unshielded ("A") lighting, provided Table 31: Shielding Standards allows the lamp's type with "A" shielding. All residential spot or floodlamps permitted are to be aimed no higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway.
	⁽⁴⁾Schools located in zones E2 and E3 may petition the director for an increase in the lumens-per-acre cap to the level permitted in zone E4. The director may allow an increase when the school submits an engineered design supporting the need for such increase.

(i)

Effective shielding standard.

All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective, as described in the definition herein for full cutoff fixtures.

(j)

Light trespass standard.

(1)

Beyond the shielding requirements, all light fixtures shall be located, aimed, or shielded to minimize stray light trespassing across residential property boundaries.

(2)

Any lamp installed on a residential property in zone E1 and visible from any other residential property shall be shielded such that it is not directly visible from that property.

(3)

Luminaires, spot lamps, or spotlights that are aimed, directed, or focused to cause direct light to be directed toward residential buildings or adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on streets or roadways, shall be redirected or their light output controlled as necessary to eliminate such conditions.

(k)

Special uses.

(1)

Recreational facilities.

(A)

Lighting for outdoor athletic fields, courts, tracks, or similar recreational facilities in lighting zones E1, E2, E3, and E4, shall be considered class 1 (color rendition), and shall be exempt from the lumens-per- acre limits of subsection (h) above.

(B)

Shielding.

In lighting zones E1, E2, E3, and E4, full cutoff lighting is required for any recreation or public/institutional use. Recreational uses, such as football fields, soccer fields, golf courses, and baseball diamonds designed for class III or IV levels of play (typically amateur or municipal league, elementary to high school, training, recreational or social levels as defined by the IESNA Lighting Handbook and IESNA RP-6 Sports and Recreational Area Lighting) or designed for class I and II levels of play (typically college, semi-professional, professional or national levels as defined by the IESNA Lighting Handbook and IESNA RP-6 Sports and Recreational Area Lighting) shall utilize luminaires with minimal uplight consistent with the illumination constraints of the design. Where full cutoff fixtures are not utilized, acceptable luminaires shall include those that:

(i)

Are provided with internal and/or external glare control louvers and installed to minimize uplight and off-site light trespass; and

(ii)

Are installed and maintained with aiming angles that permit no greater than 5% of the light emitted by each fixture to project above the horizontal.

(C)

Illuminance.

All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

(D)

Off-site light trespass.

The installation shall also limit off-site spill (outside the parcel containing the recreational facility) to the maximum extent possible consistent with the illumination constraints of the design. For class III and IV levels of play, a design standard of one lux (0.1 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. For class I and II levels of play, a design goal of one and one-half lux (0.15 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.

(E)

Engineering design.

Every such lighting system shall be designed by a registered professional engineer.

(F)

Curfew.

All events shall be scheduled so as to complete all activity before the curfew listed in Table 33: Lighting Zone Curfew. Illumination of the playing field, court, or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew.

Table 33: Lighting Zone Curfew
Lighting Zone
E1	E2	E3	E4
8:00 p.m.	9:00 p.m.	10:00 p.m.	11:00 p.m.

(2)

Outdoor display lots.

(A)

Lighting for display lots shall be considered class 1 (color rendition), and shall be allowed a lumens-per-acre cap of two million.

(B)

Shielding.

All display lot lighting shall utilize full cutoff luminaires installed in a fashion that maintains the full cutoff characteristics.

(C)

Illuminance.

Lighting for display lots shall be considered class 1 (color rendition).

(D)

Off-site light trespass.

The display lot shall limit off-site light trespass (outside the parcel containing the display lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.

(E)

Engineering design.

Every display lot lighting system shall be designed by a registered professional engineer.

(F)

Curfew.

Display lot lighting exceeding the lumens-per-acre cap shall be turned off at the curfew listed herein or within 30 minutes after closing of the business, whichever is later. Lighting in the display lot after this time shall be considered class 2 lighting and shall conform to all restrictions of this section applicable for class 2 lighting, including the lumens-per-acre caps in subsection (h) above.

(3)

Gas station canopies.

(A)

Lighting class.

Lighting for service station canopies shall be considered class 2 lighting (general illumination).

(B)

Shielding.

All luminaires mounted on or recessed into the lower surface of service station canopies shall be full cutoff and utilize flat lenses.

(C)

Total under-canopy output.

The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy in lighting zone E4, and shall not exceed 20 lumens per square foot in lighting zone E3. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output.

(D)

Lumen output.

The lumen output of lamps mounted on or within the lower surface of a canopy is included toward the lumen caps in subsection (h) above according to the method defined in subsection (h) above. Other lighting located under a canopy but not mounted on or within the lower surface is included toward the lumen caps in subsection (h) above at full initial output.

(E)

Off-site light trespass.

The service station canopy lot shall limit off-site light trespass (outside the parcel containing the service station lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.

(4)

Other lighting on parcels with special uses.

On a property with special uses as listed above, all lighting not directly associated with the special use areas above shall conform to the lighting standards described in this section, including but not limited to the lamp type and shielding requirements of subsection (i) above and the lumens-per-acre limits of subsection (h) above. The net acreage for the determination of compliance with subsection (h) above shall not include the area of the athletic field or outdoor display lot, as defined in subsection (g) above; the area of any service station canopy shall be included in the net acreage.

(l)

Prohibitions.

(1)

Installation of nonconforming fixtures and lamps.

The installation of any outdoor lighting fixture or lamp for new construction, additions, or replacement fixtures to existing facilities not in compliance with this section is prohibited.

(2)

Laser source light.

The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited unless installed for temporary use with prior approval of the director under subsection (m) below. Authorization for such temporary use shall be for no more than three days per 365-day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals.

(3)

Searchlights.

The operation of searchlights for nongovernmental purposes is prohibited, unless installed for temporary use with prior approval of the director under subsection (m) below. Authorization for such temporary use shall be for no more than three days per 365-day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals.

(4)

Existing lighting causing light trespass onto residential property.

(A)

If, after complaint and investigation, the director finds that an existing light fixture directs light toward residential buildings, the director shall give written notice of that violation to the owner and to the occupant of the premises demanding that the violation be abated within 90 days of the date of written notice.

(B)

Light trespass onto residential property from existing lighting shall be remedied by redirecting the light fixture, installing a shield, or by controlling the light output as necessary.

(C)

Light levels shall not exceed a maximum of 0.25 footcandles (2.5 lux) at the property line of any residential property at a vertical point five feet above grade.

(D)

Light trespass measurements shall be made at the property line of the residential site, with the meter held normal to a line between any offending light source(s) and the light meter. If measurement on private property is not possible or practical, light-level measurements may be made at the boundary of the public right-of-way or at any other location on an adjacent property.

(E)

Measurement shall be made using a commercial cosine and color-corrected meter having an accuracy tolerance of plus or minus 5% or better at one lux (0.1 footcandle). The meter shall have been calibrated within two years of the date of measurement by the manufacturer or by a certified illumination laboratory.

(F)

Measurements shall be taken using a 4.5" long, 1.75" +/- 0.25" diameter thin wall black tube baffle atop the meter's photoelectric cell aperture to prevent any stray light from other sources from affecting the measurement.

(m)

Temporary exemptions.

(1)

Temporary exemption requests.

A temporary exemption request shall be subject to the approval of the director. A request shall contain the following information:

(A)

Specific ordinance exemption(s) requested;

(B)

Duration of requested exemption(s);

(C)

Proposed location on premises of the proposed light fixture(s);

(D)

Purpose of proposed lighting;

(E)

Information for each luminaire and lamp combination as required in subsection (n) below;

(F)

Previous temporary exemptions, if any, and addresses of premises thereunder; and

(G)

Any other data and information as may be required by the director.

(2)

Approval - limitation.

The director shall have five business days from the date of submission of the request for a temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than 30 days from the date of issuance of the approval. The approval shall be renewable upon further written request for a maximum of one additional 30-day period. The director is not authorized to grant more than one temporary permit and one renewal for a 30-day period for the same property within one calendar year.

(3)

Disapproval - appeal.

If the request for temporary exemption or its extension is disapproved, the applicant shall have the appeal rights provided in section 9.04.050(m).

(n)

Other exemptions.

(1)

Nonconformance.

(A)

Bottom-mounted or unshielded on-premises or off-premises sign lighting shall comply with the shielding standards.

(B)

Post-top antique or acorn-style luminaires that cannot achieve full cutoff may be used if they achieve cutoff.

(i)

There shall be no change in use or lamp type, change or replacement of ballast or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this section.

(ii)

All existing outdoor lighting fixtures shall comply with the shielding standards of subsection (g) above.

(2)

Flag illumination.

Illumination of city, county, state, or U.S. flags with spotlights or floodlamps is exempt from all the requirements of this section.

(3)

State and federal facilities.

Compliance with the intent of this section by facilities that are owned, operated and maintained by the state or federal government is encouraged but not required.

(4)

Emergency lighting.

Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this section for as long as the emergency exists.

(5)

Swimming pool and fountain lighting.

Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of subsection (g) above, though such lighting shall conform to all other provisions of this section.

(6)

Fossil fuel lights.

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this section.

(o)

Appeals.

(1)

Historic properties.

Properties designated as federal, state, or local historic landmarks or that are within a federal, state, or local historic district shall be exempt from this section if there is a finding of an adverse impact on any significant historical, cultural, or archaeological element of the property as determined in writing by the city historic landmark commission or by the state historic preservation officer whenever the city historic landmark commission is without jurisdiction to require review of proposed work.

(2)

Appeals.

Any person aggrieved by any decision of the director made in administration or enforcement of this section has the right of appeal to the board of adjustment.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.048 Trash.

(a)

Purpose.

The purpose of this section is to provide adequate provisions for on-site waste disposal and collection while promoting sightly development.

(b)

Applicability.

This section applies to all nonresidential development within the city's corporate limits. This section does not apply to residential development unless otherwise specified.

(c)

Standards.

(1)

Generally.

(A)

Garbage, trash, or refuse containers require enclosures and shall meet the requirements established in section 9.04.046(c).

(B)

Two enclosures are required on every lot. This requirement shall be met by either a double enclosure or two single enclosures on every lot.

(C)

All enclosures are fully screened on all sides.

(D)

Enclosure materials shall be masonry or concrete block and the same color as the exterior walls of the main structure.

(E)

A solid metal gate is required, and when open is not allowed to encroach within any fire lane.

(F)

No solid metal gate shall exceed 8 feet in height.

(G)

Enclosures shall also be complemented by a living plant screen as established in section 9.04.046(c)(3).

(H)

Garbage, trash, or refuse containers shall not be located in front of the main building unless no other option is available.

(I)

Gates shall remain closed except when in use for access.

(J)

All required garbage, trash, or refuse containers shall comply with CARDS design requirements established on the CARDS website (see website link). If CARDS is no longer the city's approved provider, then all required garbage, trash, or refuse containers shall comply with the design requirements of the city's newly contracted provider.

(K)

Within the DT district, city contractor-approved rolling carts (CARDS carts, etc.) may be used to meet this section's requirements.

(2)

Design.

Garbage, trash, or refuse containers shall comply with the design specifications below.

(A)

Trash compactor enclosures and all other enclosure types shall comply with the Texas Commission on Environmental Quality Office of Waste's specifications (see website https://www.tceq.texas.gov/permitting/waste_permits/msw_permits/msw.html).

(B)

All enclosure types shall provide a minimum of 40 feet of straight backing, as measured from the front gates of the enclosure, to accommodate a sanitation truck's maneuverability. If special circumstances prevent straight backing from being provided, the Texas Commission on Environmental Quality Office of Waste shall have the authority to approve angled or alternative backing movements.

(C)

All enclosure types shall provide a 24-foot vertical clear zone, unless otherwise approved by the Texas Commission on Environmental Quality Office of Waste's specifications.

(3)

Shared garbage, trash, or refuse containers.

(A)

Within the DT district, any nonresidential use, except for automotive and industrial uses, may share a garbage, trash, or refuse container with another nonresidential use by providing a shared garbage, trash, or refuse container agreement to the director.

(B)

The garbage, trash, or refuse container agreement shall be filed with the county clerk.

(C)

A garbage, trash, or refuse container agreement shall be approved by the director before filing with the county.

(D)

The garbage, trash, or refuse container agreement shall include:

(i)

All parties involved, including the property owners or agents and site owners or agents;

(ii)

Duration and time of use; and

(iii)

An exhibit indicating the:

Location of the garbage, trash, or refuse container on a site plan; and

Distance of the garbage, trash, or refuse container to the use, building, or site.

(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.049 Performance standards.

(a)

Purpose.

The purpose of this section is to establish regulations that protect the public from the potential negative effects of industrial and intense commercial development by regulating smoke and particulate matter, odorous matter, fire or explosive materials, toxic and noxious matter, vibration, open storage, and glare in the vicinity of those sites.

(b)

Applicability.

In all zoning districts, any permitted use shall conform in operation, location, and construction to the performance standards established in this section.

Standards.

Noise.

Generally.

It shall be unlawful for any person to willfully make, cause to be made, or continue any unreasonable noise within the city.

(ii)

Any unreasonable noise that is plainly audible, as indicated below, shall be considered prima-facie evidence of a violation of this section.

At the property line of a property;

Within 25 feet of the noise source when the noise source is within a vehicle or on the public right-of-way; or

Through the common wall in a building.

(B)

Exemptions.

(i)

Activities directly connected with the abatement of an emergency, including construction activities and authorized emergency vehicles when such vehicles are responding to an emergency call or when in pursuit of an actual or a suspected violator of the law or when responding to, but not returning from a fire, are excluded from the provisions of this section.

(ii)

Bells and chimes, or any device for the production or reproduction of the sound of bells or chimes from any religious land use, school, or clock, operated between the hours of 7:00 a.m. and 10:00 p.m. are excluded from the provisions of this section.

(iii)

Firework displays, which otherwise comply with the Anna Code, are excluded from the provisions of this section.

(iv)

Activated burglar alarms, which otherwise comply with the Anna Code, are excluded from the provisions of this section.

(C)

Sound levels.

(i)

Sound pressure levels shall be measured at the approximate location of the property line, at the height of at least four feet above the immediate surrounding grade, on a sound level meter of standard design and operated on the A network.

(ii)

The maximum permissible sound pressure levels of any continuous source of sound is given in Table 34: Sound Pressure Level Limits. Sound pressure levels exceeding these limits are considered an unreasonable noise and are prohibited.

Table 34: Sound Pressure Level Limits
Zoning District	dB(A) During the Day (7:00 am to 7:00 p.m.)	dB(A) During the Night (7:00 p.m. to 7:00 am)
All Residential Districts	55	50
Nonresidential Districts (Except Industrial)	60	55
Industrial Districts	80	75

(2)

Vibration.

No operation or use shall at any time create earth-borne vibrations that when measured at the bounding property line of the source operation exceed the limits of displacement established in Table 35: Vibration Displacement Limits.

Table 35: Vibration Displacement Limits
Frequency Cycles per Second	Displacement in Inches
0–10	0.0010
10–20	0.0008
20–30	0.0005
30–40	0.0004
40+	0.0003

(3)

Smoke and particulate matter.

No operation or use shall cause, create, or allow the emission for more than 3 minutes in any one hour of air contaminants that at the emission point or within the bounds of the property are:

(A)

As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Circular 7118.

(B)

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (A) above, except that when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building that prevents their escape into the atmosphere, this standard and the standard in subsection (A) above shall not apply.

(C)

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.

(D)

The open storage and open processing operations, including on-site transportation movements that are the source of wind or airborne dust or other particulate matter; or that involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting all be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding 4 grains per 1,000 cubic feet of air.

(4)

Odorous matter.

(A)

No use shall be located or operated that involves the emission of odorous matter that exceeds the odor threshold at the bounding property line or any point beyond the tract on which the emitting use is located.

(B)

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise, or where the operator or owner of an odor-emitting use may disagree with the enforcing officer, or where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing Materials (A.S.T.M.D.) 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(5)

Fire or explosive hazard material.

(A)

No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted except that chlorates, nitrates, per chlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the fire department.

(B)

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the fire department.

(6)

Toxic and noxious matter.

No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter that will exceed 10% of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.

(7)

Water and waste pollution.

(A)

No operation or activity shall discharge or cause to be discharged, liquid or solid waste into public waters unless in conformance with the provisions of the Texas Water Quality Board.

(B)

No discharge at any point will be allowed into any public sewer, private sewer disposal system, or stream or into the ground, except in accordance with standards approved by the state health department or standards equivalent to those approved by such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements. All discharges shall comply with all applicable city ordinances.

(Ordinance 1068-2023-08 adopted 8/22/2023)