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OR 91-500-A-170 Amends Sec. 34-1-7(B) of Zoning Ordiance Code BookI a, AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. —,# - /7G AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 341-7(B); PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested, the said governing body in the exercise of legislative discretion has concluded that Section 34-1-7(B) of the Comprehensive Zoning Ordinance should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by replacing paragraph (B) of Section 34-1-7 with the following paragraph: (B) Trees. Trees referred to in this section shall be chosen from the approved plant palette located in Table 1. Trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet spread of crown. At time of planting trees shall be a minimum of three (3) inches in caliper, measured twelve (12) inches above the ground, and a minimum of seven (7) feet in height. SECTION 2. That all provisions of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other w than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION S. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 1-� day of ua uS , 1997. APPROVED AS TO FORM: P'E7fR G. SMI , CITY ATTORNEY APPROVED: ATTEST: KATHLEEN ROACH, CITY SECRETARY 2 RECEIVED► RECORDS CENTER CITY OF COPPELL 8150 CITY OF COPPELL9 TX ZONING ORDINANCE CODE BOOK ORDINANCE NO. 91500 As Amended Through Ordinance No. 91500-A-170 Adopted August 12, 1997 TABLE OF CONTENTS SECTION 1 ENACTING CLAUSE................................................................................. SECTION2 PURPOSE..................................................................................................... SECTION 3 ZONING DISTRICTS ESTABLISHED...................................................... SECTION 4 ZONING DISTRICT MAP..................................................................... SECTION 5 ZONING DISTRICT BOUNDARIES.............................................................. 2 2 3 7 8 SECTION 6 TEMPORARY ZONING - ANNEXED TERRITORY ............................................. 10 SECTION 7 COMPLIANCE REQUIRED..................................................................................... 11 SECTION 8 "A" - AGRICULTURAL............................................................................................ 12 SECTION 9 "SF -ED" - SINGLE FAMILY RESIDENTIAL - ESTATE DISTRICT ................... 15 SECTION 10 "SF -18" - SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS ........ 18 SECTION 11 "SF -12" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS ........... 21 SECTION 12 "SF -9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS ............. 23 SECTION 13 "SF -7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS ............. 25 SECTION 14 "2F-9" TWO FAMILY RESIDENTIAL DISTRICT REGULATIONS ................... 27 SECTION 15 "TH- 1 "TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS ................. 29 SECTION 16 "TH-2" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS ................. 32 SECTION 17 "MF -1" MULTI - FAMILY RESIDENTIAL DISTRICT REGULATIONS ........... 35 SECTION 18 "MF -2" MULTI -FAMILY RESIDENTIAL 2 DISTRICT REGULATIONS .......... 39 SECTION 19 "MH" MANUFACTURED HOME PARK DISTRICT REGULATIONS .............. 42 SECTION 20 "O" OFFICE DISTRICT REGULATIONS............................................................... 44 SECTION 21 "R" RETAIL DISTRICT...... ZONING ORDINANCE CODE BOOK - 1996 Edition 1 Table of Content ...................................................................... 47 ]ss11983 SECTION 22 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS ......................... 50 SECTION 23 "C" COMMERCIAL DISTRICT REGULATIONS ................................................. 54 SECTION 24 "TC" TOWN CENTER DISTRICT............................................................... SEC'T'ION 25 "LI" LIGHT INDUSTRIAL DISTRICT................................................................... 62 SECTION 26 "HI" HEAVY INDUSTRIAL DISTRICT................................................................. 65 SECTION 27 "PD" PLANNED DEVELOPMENT DISTRICT ..................................................... 67 SECTION 28 "FP" - FLOOD PLAIN DISTRICT........................................................................... 74 SECTION 28A "HO" - HISTORIC OVERLAY DISTRICT....................................................... 74.1 SECTION 29 SIGN REGULATIONS............................................................................................. 76 SECTION 30 "S" OR "SUP" - SPECIAL USE PERMITS............................................................. 95 SECTION 31 OFF - STREET PARKING REQUIREMENTS..................................................... 117 SECTION 32 SPECIAL AND ADDITIONAL REGULATIONS ................................................ 125 SECTION 32A WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS........ 128.1 SECTION 33 SCREENING STANDARDS....................................................................... ........... 129 SECTION 34 LANDSCAPE REQUIREMENTS......................................................................... 133 SECTION 35 ACCESSORY BUILDING REGULATIONS........................................................ 149 SECTION 36 GLARE AND LIGHTING STANDARDS ............................................................. 153 SECTION 37 PLATTING PROPERTY NOT PERMANENTLY ZONED ................................. 155 SECTION 38 CLASSIFICATION OF NEW AND UNLISTED USES ....................................... 156 SECTION 39 CREATION OF BUILDING SITE...................................................................... 157.1 SECTION 40 NONCONFORMING USES AND STRUCTURES ........................................... 158.1 SECTION 41 BOARD OF ADJUSTMENT ............................................. 160 ..................................... SECTION 42 SPECIAL DEFINITIONS ...................................... .......... 165 ....................................... ZONING ORDINANCE CODE BOOK - 1996 Edition 11 Table of Content Iss11983 SECTION 43 CERTIFICATES OF OCCUPANCY AND COMPLIANCE ................................. 180 SECTION 44 AMENDMENTS AND ADMINISTRATIVE PROCEDURES ............................ 182 SECTION 45 APPLICATION AND FILING FEES..................................................................... 185 SECTION 46 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES ........................................... 186 SECTION 47 PENALTY FOR VIOLATIONS............................................................................. 187 SEC'T'ION 48 VALIDITY.............................................................................................................. 187 SECTION 49 EFFECTIVE DATE................................................................................................ 188 APPENDIXILLUSTRATIONS......................................................................................................189 ZONING ORDINANCE CODE BOOK - 1996 Edition Table of Content Hi Iss11983 CITY OF COPPELL, TEXAS ZONING ORDINANCE *ORDINANCE NO. 91500 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, ORDINANCE NO. 297, HERETOFORE ADOPTED ON THE 8TH DAY OF DECEMBER, 1983, TOGETHER WITH ALL AMENDMENTS THERETO; ESTABLISHING AND PROVIDING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN APPROVED BY CITY COUNCIL; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, SIZE OF YARDS COURTS AND OPEN SPACES, THE HEIGHT, BULK AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR Special USE PERMITS; SPECIFYING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND OFF-STREET LOADING AREAS; PROVIDING A FLOOD PLAIN PREFIX AND REGULATING CONSTRUCTION THEREIN; PROVIDING MINIMUM REQUIRED FLOOR AREAS FOR DWELLING UNITS AND THE TYPE OF EXTERIOR CONSTRUCTION IN THE VARIOUS DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY STRUCTURES; ADOPTING PERFORMANCE STANDARDS FOR INDUSTRY; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE, PROVIDING FOR SITE PLAN APPROVAL, PROVIDING FENCE AND WALL REGULATIONS; PROVIDING SPECIAL ACCESS STANDARDS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND IN THE ORDINANCE: CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR NON- CONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN ITEMS; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($ $2,000.00) FOR EACH OFFENSE: PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER THE EXISTING ORDINANCE. WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Coppell to establish zoning districts within the City for the purpose of regulating the use of land and controlling the density of population to the end that congestion may be lessened in the public streets and that the public health, safety, convenience and general welfare be promoted; and, ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 1 AGG09009 WHEREAS, a public hearing was held by the Planning and Zoning Commission on May 17, 1990, after written notice was mailed to all owners of real property as their names appeared on the last approved tax roll in accordance with V.T.C.A. Local Government Code Section 211.007; and WHEREAS, Planning and Zoning Commission, after said public hearing, recommended adoption of a new Zoning Ordinance; and WHEREAS, a public hearing was held by the City Council after notice was published in the official newspaper of the City as required by V.T.C.A., Local Government Code 211.006; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL of the CITY OF COPPELL, TEXAS: SECTION 1 ENACTING CLAUSE 1-1 This Ordinance is hereby adopted as the Comprehensive Zoning Ordinance of the City of Coppell, Texas. The Zoning Ordinance of the City adopted December 8, 1983, together with amendments thereto, Ordinance No. 279, is hereby amended and repealed except as provided for in Sections 28-5 and 30-17 of this ordinance. (Ord. 91500) SECTION 2 PURPOSE 2-1 The Zoning Regulations and Districts as herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of trans- portation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 2 AGG09009 SECTION 3 ZONING DISTRICTS ESTABLISHED 3-1 The City of Coppell, Texas, is hereby divided into twenty-three (23) zoning districts. The use, height and area regulations as set out herein are uniform in each district. The districts established herein shall be known as: Abbreviated Designation Zoning District Name A Agricultural District SF -ED Single -Family Residential Estate District SF -18 Single -Family Residential District SF -12 Single -Family Residential District SF -9 Single -Family Residential District SF -7 Single -Family Residential District 2F-9 Two -Family Residential District TH-1 Town House Residential District 1 TH-2 Town House Residential District 2 MF -1 Multi -Family Residential District 1 W-2 Multi -Family Residential District 2 MH Manufactured Home Park District 0 Office District R Retail District HC Highway Commercial District C Commercial District TC Town Center District LI Light Industrial District HI Heavy Industrial District PD Planned Development District FP Flood Plain District HO Historic Overlay District SUP Special Use Permit (Ord. 91500-A-168) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ofd. 91500, Amended Tbrough 91500-A-129) Ordinance Amending Sec. 3: 91500-A-168 WIM56 3 SECTIION 3 - `ZONING DISTRICTS" 3-2 DEFINITION AND PURPOSE OF ZONING DISTRICTS A - Agricultural District. This district shall be used for farming, ranching, forestry, and mining uses not hazardous by reasons of odors, dust, fumes, noise or vibration; single-family dwellings; and is considered the proper classification for large areas of undeveloped land or newly annexed land in the City. (Ord. 91500-A 168) SF -ED - Single -Family Residential Estate District. This district is intended to be composed of single-family detached dwellings on lots not less than one acre (43,560 square feet) in area. (Ord. 91500-A-168) SF -12 - Single -Family Residential District. This district is intended to be composed of single- family detached dwellings on lots not less than twelve thousand (12,000) square feet in area. (Ord. 91500-A-168) SF -9 - Single -Family Residential District. This district is intended to be composed of single- family detached dwellings on lots not less than nine thousand (9,000) square feet in area. (Ord. 91500-A-168) SF -7 - Single -Family Residential District. This district is intended to be composed of single- family detached dwellings on lots not less than seven thousand (7,000) square feet in area. (Ord. 91500-A-168) 2F-9 - Two -Family Residential District. This district provides a low-density dwelling classification in the form of two-family or duplex dwellings to facilitate individual ownership of each unit. (Ord. 91500-A-168) TH-1- Town House Residential District -1. This district is intended to be composed of single- family attached dwellings, provided that no more than six (6) units are attached, and that no dwelling unit is constructed above another unit. The minimum lot area is 3,000 square feet per dwelling unit. (Ord. 91500-A-168) TH-2 - Town House Residential District -2. This district is intended to be composed of single- family attached dwellings, provided that no more than six (6) units are attached, and that no dwelling unit is constructed above another unit. The minimum lot area is 2,5000 square feet per dwelling unit. (Ord. 91500-A-168) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Tbroug6 91500-A-129) Ordinance Amending Sec. 3: 91500-A-168 1ss11856 4 SECTIION 3 `ZONING DISTRICTS" MF 1 - Multli Family Residential District -1 This district is intended to be comprised of attached dwelling for more than two families. The maximum density is 16 units per acre. (Ord. 91500-A-168) MF -2 - Multi -Family Residential District -2 This district is intended to be comprised of attached dwelling for more than two families. The maximum density is 22 units per acre. (Ord. 91500-A-168) MH - Manufactured Home Park District. This district is intended for the management and maintenance of a Manufactured Home Park, recreational building, swimming pool, private club, laundry and storage facilities for use of the residents of the manufactured home park. O - Office District. This district is intended to be composed of professional and administrative offices and medical services activities and related supporting services. (Ord. 91500-A-168) R- Retail District. This district provides for areas of convenience shopping and other residential service oriented businesses. (Ord. 91500-A 168) HC - Highway Commercial District. This district is intended primarily as a high intensity area permitting a mixed-use for office, commercial -retail, and highway oriented uses, such as hotels, restaurants, and low and mid -rise offices, and should be located generally along high-volume thoroughfares. (Ord. 91500-A-168) C - Commercial District. This district concentrates business, warehouse and service activities normally locating within retail service centers. (Ord. 91500-A-168) TC - Town Center District. This district is intended to provide a mixture of residential and compatible non-residential uses, creating a center of identity for the community. (Ord 91500- A 168) LI - Light Industrial District. This district permits those industries and manufacturing plants that are predominately light in character, have their operations conducted wholly within buildings, are more compatible than heavy manufacturing uses, and do not emit noxious odors, noises, dust, smoke, and vibrations as do the heavy manufacturing processes. (Ord. 91500-A- 168) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Tbrough 91500-A-129) Ordinance Amending Sec. 3: 91500-A-168 1ss11856 SECTIION 3 - "ZONING DISTRICTS" HI - Heavy Industrial District. This district provides for the location of enterprises that tend to emit odors, noises, dust and vibrations and that are least compatible with other uses. (Ord. 91500-A-168) PD - Planned Development District. This district provides flexibility in planning and development through the combination of uses. (Ord. 91500-A 168) FP - Flood Plain - Prefix. When added to any of the aforelisted districts, the prefix specifies a sub -district subject to the provisions of Section 28. (Ord. 91500-A-168) HO - Historic Overlay District. When added as a prefix to any of the aforelisted districts, the prefix specifies property within the sub -district subject to the provisions of Section 28A. (Ord. 91500-A-168) SUP - Syecial Use Permit. When added as a prefix to any of the residential or non-residential zoning classifications, this prefix specifies that a permit has been granted to allow a special use, provided certain conditions are met, as specified in the ordinance adopted by the City Council granting the Special Use Permit zoning classification. (Ord. 91500-A-168) ZONING ORDINANCE CODE BOOK -1996 Edition *(Ord. 91500, Amended Through 91500-A-129) Ordinance Amending Sec. 3: 91500-A-168 Iss11856 6 SECTION 4 ZONING DISTRICT MAP 4-1 THE BOUNDARIES OF THE ZONING DISTRICTS SET OUT HEREIN ARE DELINEATED UPON THE ZONING DISTRICT MAP OF THE CITY OF COPPELL, TEXAS, SAID MAP BEING HEREBY ADOPTED AS A PART OF THIS ORDINANCE AS FULLY AS IF THE SAME WERE SET FORTH HEREIN IN DETAIL. Four (4) original, official and identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the City Secretary and shall be filed and maintained as follows: 1. Two copies shall be filed with the City Secretary, one of which shall be retained as the original record and shall not be changed in any manner, and the second shall be maintained up-to-date by posting thereon all changes and subsequent amendments. Ord. 91500) 2. One copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing Building Permits, Certificates of Occupancy and Compliance and for enforcing the Zoning Ordinance. Ord. 91500) 3. One copy shall be maintained in the records of the Planning and Zoning Department for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments. Ord. 91500) 4. Reproductions for information purposes may, from time to time, be made of the official Zoning District Maps. The map may be updated as individual zoning requests are approved. Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 7 A0009009 SECTION 5 ZONING DISTRICT BOUNDARIES 5-1 THE DISTRICT BOUNDARY LINES SHOWN ON THE ZONING DISTRICT MAP ARE USUALLY ALONG STREETS, ALLEYS, PROPERTY LINES OR EXTENSIONS THEREOF. WHERE UNCERTAINTY EXISTS AS TO THE BOUNDARIES OF DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAP, THE FOLLOWING RULES SHALL APPLY: 5-2 Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the center line of such street, highway or alley. Ord. 91500) 5-3 Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. Ord. 91500) 5-4 Boundaries indicated as approximately following city limits shall be construed as following city limits. Ord. 91500) 5-5 Boundaries indicated as following railroad or utility lines shall be construed to be the center line of the right-of-way or if no center line is established, the boundary shall be interpreted to be midway between the right-of-way lines. Ord. 91500) 5-6 Boundaries indicated as approximately following the center lines of streams, drainage -ways or other bodies of water shall be construed to follow such center lines. Ord. 91500) 5-7 Boundaries indicated as paralleled to or extensions of features indicated in 5-1 through 5-6 above shall be so construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the Map. Ord. 91500) 5-8 Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the center line of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all regu- lations of the extended districts. Ord. 91500) 5-9 Where physical features of the ground are at variance with information shown on the official Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 8 AGG09009 SECTION S - "ZONING DISTRICT BOUNDARIES" application of Subsections 5-1 through 5-8 or the zoning of property is invalidated by a final judgment of a Court of competent jurisdiction, the property shall be considered as classified "A", Agricultural District, temporarily. Ord. 91500) 5-10 In an area determined to temporarily classified as "A", Agricultural District, no person shall construct any building or add to or alter any building or structure or cause the same to be done nor shall any use be located therein or on the land which is not permitted in an "A", Agricultural District, unless and until such territory has been classified in a zoning district other than the "A", Agricultural District, by the City Council. Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 9 AGG09009 SECTION 6 TEMPORARY ZONING - ANNEXED TERRITORY 6-1 ALL TERRITORY HEREINAFTER ANNEXED TO THE CITY OF COPPELL SHALL BE TEMPORARILY CLASSIFIED AS "A", AGRICULTURAL DISTRICT, UNTIL PERMANENT ZONING IS ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF COPPELL. THE PROCEDURE FOR ESTABLISHING PERMANENT ZONING ON ANNEXED TERRITORY SHALL CONFORM TO THE PROCEDURE ESTABLISHED BY LAW FOR THE ADOPTION OF ORIGINAL ZONING REGULATIONS. 6-2 In an area temporarily classified as "A", Agricultural District: 1. No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Coppell without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Building Official or the City Council as may be required. Ord. 91500) 2. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the "A", Agricultural District, unless and until such territory has been classified in a zoning district other than the "A", Agricultural District, by the City Council in the manner prescribed by law except as provided in 6-2 3. following. Ord. 91500) 3. An application for a permit for any use other than that specified in paragraph 2 above shall be made to the Building Official of the City of Coppell and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council and the action and recommendation of each body concerning any such permit shall take into consideration the appropriate land use for the area. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 10 AGG09009 SECTION 7 COMPLIANCE REQUIRED 7-1 ALL LAND, BUILDINGS, STRUCTURES OR APPURTENANCES THEREON LOCATED WITHIN THE CITY OF COPPELL, TEXAS, WHICH ARE HEREAFTER OCCUPIED, USED, ERECTED, ALTERED, REMOVED, PLACED, DEMOLISHED OR CONVERTED SHALL BE OCCUPIED, USED ERECTED, ALTERED, REMOVED, PLACED, DEMOLISHED OR CONVERTED IN CONFORMANCE WITH THE ZONING REGULATIONS PRESCRIBED FOR THE ZONING DISTRICT IN WHICH SUCH LAND OR BUILDING IS LOCATED AS HEREINAFTER PROVIDED. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 11 A0009009 SECTION 8 "A" - AGRICULTURAL General Purpose and Description - This district is intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes, but then may become an urban area in the future. Generally, Agricultural Districts, will be near development; therefore, the agricultural activities conducted in the Agricultural District, should not be detrimental to urban land uses. The types of uses and the area and intensity of use permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made. Ord. 91500) 8-0 Use Regulations: A building or premise shall be used only for the following purposes: 1. Single-family dwellings on building lots of three (3) acres or more in areas where said dwellings can be adequately served by water wells and septic tanks located on the building lot. Ord. 91500) 2. All general and special agricultural, farming, ranching, stables, stock and poultry raising, dairy, and other related uses so long as same do not cause a hazard to health by reason of unsanitary conditions; and not offensive by reason of odors, dust, fumes, noise or vibration; and are not otherwise detrimental to the public welfare; and in no cause shall poultry, fowl or swine be kept nearer than one hundred (100) feet from any property line. Ord. 91500) 3. Public buildings, including libraries, schools, churches, museums, auditoriums, police and fire stations, and similar public uses or facilities. Ord. 91500) 4. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. Ord. 91500) 5. Greenhouse, green nursery and general gardening activities. Ord. 91500) 6. Riding Academy or other equestrian related activities. Ord. 91500) 7. Sewage treatment plant. (public operated) 8. Water Treatment plant. Ord. 91500) 9. Home Occupation. Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 12 A0009009 SECTION 8 - "AGRICULTURAL °° 10. Such uses as may be permitted under the provisions of Special Use Permits, Section 30 4. Ord. 91500) 8-1 Maximum Height Regulations - Thirty-five (35) feet nor more than two and one- half (2-1/2) stories high. (Ord. 91500) 8-2 Area Regulations: 1. Minimum Size of Yards (A) Front Yard: Forty (40) feet. (B) Side Yard: Ten (10) percent of the width of the lot, not to exceed fifty (50) feet. (C) Rear Yard: Twenty-five (25) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: Three (3) acres. (B) Lot Width: Two hundred (200) feet. (C) Lot Depth: Three hundred (300) feet. (Ord. 91500) 3. Minimum Dwelling Size: Two thousand four hundred (2,400) square feet exclusive of garages, breezeways and porches. (Ord. 91500) 4. Maximum Lot Coverage: Ten (10) per cent of the total area of the lot may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 8-3 Parking Regulations: Two (2) enclosed spaces behind the front yard line. Off- street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 31. Where lots are adjacent to alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91504-A-129) 13 A0009009 SECTION 8 - "AGRICULTURAL" 8-4 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 14 AGG09009 SECTION 9 "SF -ED" - SINGLE FAMILY RESIDENTIAL - ESTATE DISTRICT General Purpose and Description of the Single Family Districts: The Single Family Districts are the most restrictive residential districts. The principal use of land in these districts is for low density single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. Internal stability, harmony, attractiveness, order and efficiency are encourage by providing for adequate light, air and open space for dwellings and related facilities and by consideration of the proper functional relationship and arrangement of the different uses permitted in these districts. (Ord. 91500) 9-1 Use Regulations: A building or premise shall be used only for the following purposes: Single-family dwellings. (Ord. 91500) 2. Farms, nurseries, greenhouses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises. (Ord. 91500) 3. The keeping of dogs, cats, and other normal household pets, put limited to four (4) animals over six months old. No more than three (3) large animals, specifically horses, cattle and sheep, can be maintained per acre of lot area. Swine and poultry are expressly prohibited. (Ord. 91500) 4. Parks, playgrounds, community buildings, museums and other public recreational facilities, owned and/or operated by the municipality or other public agency; and privately owned and maintained recreation areas. (Ord. 91500) 5. Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities. (Ord. 91500) 6. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. (Ord. 91500) 7. Public schools (Kindergarten through high school) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 9150, Amended Through 91500-A-129) 15 AGG09009 SECTION 9 - "SF -ED" 8. Temporary buildings for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work. (Ord. 91500) 9. Water supply reservoirs, pumping plants and towers. (Ord. 91500) 10. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. (Ord. 91500) 11. Sewage treatment plant (Public Operated). (Ord. 91500) 12. Water treatment plant. (Ord. 91500) 13. Non-commercial stables as an accessory use to the housing of animals owned by the resident. (Ord. 91500) 14. Home Occupation. (Ord. 91500) 15. Such uses as may be permitted under the provisions of Special use permits, Section 30-5. (Ord. 91500) 9-2 Maximum Height Regulations: Thirty five (35) feet nor more than two and one- half (2-1/2) stories high. 9-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yards: Fifty (50) feet. (B) Side Yard: Ten (10%) percent of the width of the lot not to exceed thirty (30) feet. (C) Rear Yard: Twenty (20) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: One (1) acre (43,560 square ft.). (B) Lot Width: One hundred fifty (150) feet. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 16 AGG09009 SECTION 9 - "SF -ED" (C) Lot Depth: Two hundred fifty (250) feet. (Ord. 91500) 3. Minimum Dwelling Size: Two thousand four hundred (2400) square feet, exclusive of garages, breezeways and porches. (Ord. 91500) 4. Maximum Lot Coverage: Twenty (20%) percent of the total area of the lot may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 9-4 Parking Regulations: Two (2) enclosed spaces per dwelling unit behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500) 9-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 17 A0009009 SECTION 10 "SF -18" - SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 10-1 Use Regulations: A building or premise shall be used only for the following uses: 1. Single-family dwellings, including uses permitted in the "SF -ED" District. (Ord. 91500) 2. Farms, nurseries, greenhouses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises. (Ord. 91500) 3. Parks, playgrounds, community buildings, museums and other public recreational facilities, owned and/or operated by the municipality or other public agency; and privately owned and maintained recreation areas. (Ord. 91500) 4. Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities. (Ord. 91500) 5. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. (Ord. 91500) 6. Public schools (kindergarten through high school). (Ord. 91500) 7. Temporary buildings for use incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work. (Ord. 91500) 8. Water supply reservoirs, pumping plants and towers. (Ord. 91500) 9. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. (Ord. 91500) 10. Sewage treatment plant (Public Operated). (Ord. 91500) 11. Water treatment plant. (Ord. 91500) 12. Non-commercial stables as an accessory use to the housing of animals owned by the resident. (Ord. 91500) 13. Home Occupation. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 18 AGG09009 SECTION 10 - "SF -18" 14. Such uses as may be permitted under provisions of Special Use Permits, Section 30-6. (Ord. 91500) 10-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half (2-1/2) stories high. (Ord. 91500) 10-3 Area Regulations: 1. Minimum Size of Yards (A) Front Yard: Thirty (30) feet. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. (Ord. 91500) (B) Side Yard: Ten (10%) percent of the lot width, but in no case shall the side yard be less than 8 feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses shall be not less than twenty-five (25) feet. (Ord. 91500) (C) Rear Yard: Twenty (20) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: Eighteen thousand (18,000) square feet. (Ord. 91500) (B) Lot Width: One Hundred (100) feet. (Ord. 91500) (C) Lot Depth: One -hundred fifty (150) feet. (Ord. 91500) 3. Minimum Dwelling Size: Two thousand (2,000) square feet, exclusive of garages, breezeways and porches. (Ord. 91500) 4. Maximum Lot Coverage: Twenty-five (25%) percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 10-4 Parking, Regulations: Two (2) enclosed spaces behind the front yard line. Off- street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition "(Ord. 91500, Amended Through 91500-A-129) 19 AGG09009 SECTION 10 - "SF -18" 10-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 20 AGG09009 SECTION 11 "SF -12" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 11-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF -ED" and the "SF -18" district. (Ord. 91500) 2. Home Occupation. (Ord. 91500) 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 30-5 and 30-6. (Ord. 91500) 11-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half (2-1/2) stories high. (Ord. 91500) 11-3 Area Regulations: I. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. (Ord. 91500) (B) Side Yard: Ten (10%) per cent of the lot width, but in no case shall the side yard be less than eight (8) feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non- residential uses twenty-five (25) feet. (Ord. 91500) (C) Rear Yard: Twenty (20) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: Twelve thousand (12,000) square feet (Ord. 91500) (B) Lot Width: Eighty-five (85) feet. (Ord. 91500) (C) Lot Depth: One -hundred ten (110) feet. (Ord. 91500) 3. Minimum Dwelling Size: Eighteen hundred (1,800) square feet, exclusive of garages, breezeways and porches. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 21 AGG09009 SECTION 11 - "SF -12" 4. Maximum Lot Coverage: Thirty-five (35%) percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 11-4 Parking Regulations: Two (2) enclosed spaces behind the front yard line. Off- street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500) 11-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 22 AGG09009 SECTION 12 "SF -9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 12-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF -ED", "SF -18" or the "SF -12° districts. (Ord. 91500) 2. Home Occupation. (Ord. 91500) 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 30-5 and 30-6. (Ord. 91500) 12-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half (2-1/2) stories high. (Ord. 91500) 12-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. (Ord. 91500) (B) Side Yard: Eight (8) feet. A side yard adjacent to a side street: fifteen (15) feet. Allowable non-residential uses: Twenty-five (25) feet. (Ord. 91500) (C) Rear Yard: Twenty (20) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: Nine thousand (9,000) square feet. (Ord. 91500) (B) Lot Width: Seventy-five (75) feet. (Ord. 91500) (C) Lot Depth: One hundred (100) feet. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 23 A0009009 SECTION 12 - "SF -9" 3. Minimum Dwelling Size: Sixteen hundred (1,600) square feet, exclusive of garages and breezeways and porches. (Ord. 91500) 4. Maximum Lot Coverage: Thirty-five (35) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 12-4 Parking Regulations: Two (2) enclosed parking spaces per unit behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500) 12-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 24 AGG09009 SECTION 13 "SF -7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 13-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF -ED", "SF -18", "SF -12" or the "SF -9" district. (Ord. 91500) 2. Home Occupation. (Ord. 91500) 3. Such uses as may be permitted under the provisions of special use permits in the Sections 30-5 and 30-6. (Ord. 91500) 13-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two (2) stories high. (Ord. 91500) 13-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. (Ord. 91500) (B) Side Yard: Eight (8) feet. Adjacent to a side street fifteen (15) feet. Allowable non-residential uses twenty-five (25) feet. (Ord. 91500) (C) Rear Yard: Twenty (20) feet. (Ord. 91500) 2. Minimum Size of Lot: (A) Lot Area: Seven thousand (7,000) square feet. (Ord. 91500) (B) Lot Width: Sixty-five (65) feet. (Ord. 91500) (C) Lot Depth: One hundred (100) feet. (Ord. 91500) 3. Minimum Dwelling Size: Twelve hundred (1,200) square feet, exclusive of garages, breezeways, and porches. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 25 AGG09009 SECTION 13 - "SF -7" 4. Lot Coverage: Forty (40%) per cent of the total area may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500) 13-4 Parking Regulations: Two (2) enclosed off-street parking spaces behind the front building line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard. (Ord. 91500) 13-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 26 AGG09009 SECTION 14 "2F-9" TWO FAMILY RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The "2F-9" district is intended to provide the opportunity to have development which is two-family (duplex) in character, but which encourages individual ownership of all dwelling units. This is permitted by dividing the typical duplex lot from front to back, thus encouraging the sale of each dwelling unit and the land upon which it sits, to the occupant. (Ord. 91500-A-129) 14-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Home Occupations. (Ord. 91500-A-129) 2. (Ord. 91500-A-129) Two family residence (duplex) 3. Such uses as may be permitted in Special Use Permits, Section 30-6. (Ord. 91500-A-129) 14-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half (2-1/2) stories high. (Ord. 91500-A-129) 14-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet. (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet. A side yard adjacent to a side street fifteen (15) feet. Allowable non-residential uses twenty-five (25) feet. (Ord. 91500-A-129) (C) Rear Yard: Twenty (20) feet. (Ord. 91500-A-129) 2. Minimum Size of Lot: (A) Lot Area: Nine thousand (9,000) square feet or four thousand five hundred (4,500) per unit. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 27 AGG09009 SECTION 14 - "2F-9" (B) Lots in the 2F-9 District may be platted in pairs such that a duplex unit may be placed on each pair of lots. The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair. There shall be only one dwelling unit per lot, and no dwelling unit shall cross a lot line. No single-family detached dwelling may be constructed on one of the designated pair of lots. (C) Where lots in the 2F-9 District are not platted in pairs, the lots may be further re -subdivided into two (2) separate lots (but no such further re -subdivision shall be permitted) by metes and bounds survey prepared by licensed surveyor of the State of Texas, such re- subdivision to accomplish the division of said lots into two (2) separate parcels so as to allow the separate use of each portion of the property as an individual dwelling. There shall be only one(1) dwelling unit per parcel, and no single-family detached dwelling may be constructed on one of the re -subdivided parcels. (Ord. 91500-A- 129) (D) Lot Width: Eighty (80) feet. (Ord. 91500-A-129) (E) Lot Depth: One hundred (100) feet. (Ord. 91500-A-129) 3. Minimum Dwelling Size: One thousand two hundred (1,200) square feet exclusive of garages, breezeways, and porches. (Ord. 91500-A-129) 4. Lot Coverage: Forty (40%) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500-A-129) 14-4 Parking Regulations: Two (2) enclosed off-street spaces per unit behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard. (Ord. 91500-A-129) 14-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 28 A0009009 SECTION 15 "TH-1" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The TH-1 District is intended to provide for medium density dwellings platted on individual lots. This district functions as a buffer or transition between major streets or non-residential areas or higher density zones and lower density residential areas. (Ord. 91500-A-129) 15-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "2F-9". (Ord. 91500-A-129) 2. Three (3) or more single family attached dwelling units, provided that no more than six (6) dwelling units are attached in one continuous row or group, and provided that no dwelling unit is constructed above another unit. (Ord. 91500-A-129) 3. Common open space, community center, recreational buildings and facilities provided they are incidental to the above described residential uses and are approved on a final plat. Any homeowners association rules and by-laws shall be approved by the Planning and Zoning Commission and City Council. (Ord. 91500-A-129) 4. Any uses permitted by special use permit, Section 30-6. (Ord. 91500-A-129) 15-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high. (Ord. 91500-A-129) 15-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet. A building separation of ten (10) feet shall be observed between structures containing no more than three dwelling units and fifteen (15) feet between structures having four or more units, not to exceed a maximum of six (6) units per structure. A side yard adjacent to a street shall not be less than fifteen (15) feet. Side yard for non-residential structures shall not be less than twenty- five (25) feet. Any required off-street parking within the side yard area on a corner lot shall observe a twenty (20) foot side building line. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 29 AGG09009 SECTION IS - "TH-1 " (C) Rear Yard: Twenty (20) feet. (Ord. 91500-A-129) 2. Minimum Size of Lot: (A) Lot Area: Three thousand (3,000) square feet, and a maximum of eight (8) units per net acre. (Ord. 91500-A-129) (B) Lot Width: Thirty (30) feet. (Ord. 91500-A-129) (C) Lot Depth: One hundred (100) feet. (Ord. 91500-A-129) 3. Minimum Dwelling Size: One thousand (1,000) square feet, exclusive of garages, breezeways, and porches. The total average for the entire Townhouse project shall be one thousand three hundred (1,300) square feet. (Ord. 91500-A-129) 4. Lot Coverage: In no case shall more than seventy (70%) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500-A-129) 5. Home Occupations. 15-4 Parking Regulations: Two (2) enclosed off street spaces per unit located behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard. (Ord. 91500-A-129) In addition to the required off-street parking, another 1/2 space behind the curb line per unit is required for guest parking. These required spaces are to be located within six hundred (600) feet of the respective units. (Ord. 91500-A-129) 15-5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of all structures shall be of masonry construction (see Section 42-80) exclusive of doors and windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors, windows, and the area above the top plate line. (Ord. 91500-A-129) 15-6 Outside storage areas shall be enclosed and screened from public view. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 30 AGG09009 SECTION IS - "TH-P 15-7 Two Family dwellings constructed in the TH-1 district shall conform to the 2F-9 district standards. (Ord. 91500-A-129) 15-8 When a townhouse is constructed so as to create balconies or patios facing a public (dedicated) street such balconies or patios shall be recessed and the exterior shall not extend beyond the building line. When such a balcony or patio fronts a public street, a solid sight barring fence or wall at least 42 inches high is required around the balcony or patio. (Ord. 91500-A-129) 15-9 Mechanical Equipment: Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 31 A0009009 SECTION 16 "TH-2" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The TH-2 District is intended to provide for medium density dwellings platted on individual lots. This district functions as a buffer or transition between major streets or non-residential areas or higher density zones and lower density residential areas. (Ord. 91500-A-129) 16-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "2F-9" and "TH-1. (Ord. 91500-A-129)" 2. Three (3) or more single family attached dwelling units, provided that no more than six (6) dwelling units are attached in one continuous row or group, and provided that no dwelling unit is constructed above another unit. (Ord. 91500-A-129) 3. Common open space, community center, recreational buildings and facilities provided they are incidental to the above described residential uses and are approved on a final plat. Any homeowners association rules and by-laws shall be approved by the Planning and Zoning Commission and City Council. (Ord. 91500-A-129) 4. Such uses as may be permitted under provisions of Special Use Permits, Section 30-6. (Ord. 91500-A-129) 5. Home Occupations. (Ord. 91500-A-129) 16-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high. (Ord. 91500-A-129) 16-3 Area Regulations: I. Minimum Size of Yards: (A) Front Yard: Fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodating the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a street. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 32 AGG09009 SECTION 16 - "TH-2" (B) Side Yard: No side yard is required. A building separation of ten (10) feet shall be observed between structures containing no more than three dwelling units and fifteen (15) feet between structures having four or more units, not to exceed a maximum of six (6) units per structure. A side yard adjacent to a street shall not be less than fifteen (15) feet. Side yard for non-residential structures shall not be less than twenty-five (25) feet. Any required off-street parking within the side yard area on a corner lot shall observe a twenty (20) foot side building line. (Ord. 91500-A-129) (C) Rear Yard: There shall be a fifteen (15) foot minimum rear yard as measured from the property line on a platted lot, or twenty (20) feet separation between other townhouse structures located on the same lot. (Ord. 91500-A-129) There shall be observed a rear yard of twenty (20) feet for any off- street parking area or structure located in the rear yard having a vehicular access from a dedicated alley. Non-residential structures shall not be closer than twenty-five (25) feet to an adjacent street. (Ord. 91500-A-129) 2. Minimum Size of Lot: (A) Lot Area: Two thousand five hundred (2,500) square feet and 12 dwelling units per net acre, or equivalent of, per dwelling unit. (Ord. 91500-A-129) (B) Lot Width: Twenty-five (25) feet. (Ord. 91500-A-129) (C) Lot Depth: One hundred (100) feet. (Ord. 91500-A-129) 3. Minimum Dwelling Size: The average floor area of the dwelling units shall not be less than one thousand (1000) square feet with each unit not less than nine hundred (900) square feet, exclusive of garages, breezeways, and porches. (Ord. 91500-A-129) 4. Lot Coverage: In no case shall more than seventy (70%) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 33 AGG09009 SECTION 16 - "TH-2" 16-4 Parking Regulations: Two (2) enclosed off street spaces per unit located behind the front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. (Ord. 91500-A-129) In addition to the required off-street parking, another 1/2 space behind the curb line per unit is required for guest parking. These required spaces are to be located within six hundred (600) feet of the respective units. (Ord. 91500-A-129) 16-5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of all structures shall be of masonry construction (see Section 42-80) exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors window and the area above the top plate line. (Ord. 91500-A-129) 16-6 Outside storage areas shall be enclosed and screened from public view. (Ord. 91500-A-129) 16-7 Two family dwellings constructed in the TH-2 district shall conform to the 2F-9 district standards. (Ord. 91500-A-129) 16-8 When a townhouse is constructed so as to create balconies or patios facing a public (dedicated) street such balconies or patios shall be recessed and the exterior shall not extend beyond the building line. When such a balcony or patio fronts a public street, a solid sight barring fence or wall a minimum of 42" inches is required around the balcony or patio. (Ord. 91500-A-129) 16-9 Mechanical equipment: Mechanical equipment shall be constructed, located and screened so as not in interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 34 AGG09009 SECTION 17 "MF -1" MULTI - FAMILY RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The MF -1 Multiple Family Dwelling District is a residential attached district intended to provide for the second highest residential density allowing a maximum development of sixteen (16) dwelling units per net acre. The principal use of land in this district is for a wide variety of dwelling types, including single-family dwellings, low-rise multiple -family dwellings, garden apartment, condominiums, and townhomes. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide convenient and attractive res- idential areas. This type of District is usually located adjacent to a major street and serves as a buffer or transition between retail/commercial development or heavy automobile traffic and medium or low density residential development. (Ord. 91500-A-129) 17-1 Use Regulations: A building or premise in the MF -1 district shall be used only for the following purposes: 1. Any use permitted in District "2-F9", "TH-1 ", and "TH-2". (Ord. 91500-A- 129) 2. Multi -Family Dwelling (Apartment Building). (Ord. 91500-A-129) 3. Day Nurseries. (Ord. 91500-A-129) 4. Hospitals, clinics, and sanitariums, except a criminal, mental or animal hospital. (Ord. 91500-A-129) 5. Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution. (Ord. 91500-A-129) 6. Nursing and convalescent homes. (Ord. 91500-A-129) 7. Fraternal orders when not operated for private profit. (Ord. 91500-A-129) 8. Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business. (Ord. 91500-A-129) 9. Such uses as may be permitted under a Special Use Permit, Section 30-6. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 35 A0009009 SECTION 17 - "MF -I " 10. Home Occupations. (Ord. 91500-A-129) 17-2 Height Regulations: Thirty-five (35) feet nor more than two (2) stories high. (Ord. 91500-A-129) 17-3 Area Regulations:t 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet. There shall be ten (10) feet separation between buildings without openings (windows) and fifteen (15) feet between buildings with openings. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable non-residential uses shall be less than fifteen (15) feet. If a side yard is adjacent to a single family zoning district then paragraph "D" shall apply. (Ord. 91500-A-129) (C) Rear Yard: Twenty (20) feet. (Ord. 91500-A-129) (D) There shall be a total of sixty (60) feet setback from the adjacent property line for buildings in excess of one (1) story in height when an MF district is next to a single family zoning district or single family use. 2. Minimum Size of Lot: (A) Lot Area: Two thousand seven hundred twenty (2,720) square feet per dwelling unit and 16 dwelling units per acre (calculated on net acreage). (Ord. 91500-A-129) (B) Lot Width: Seventy (70) feet minimum as measured along the front building line. (Ord. 91500-A-129) (C) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. (Ord. 91500-A-129) 3. Minimum Dwelling Size: The minimum living area for Multi -Family Dwelling units, "MF -1" shall be as follows: (A) One (1) Bedroom Apartment - 650 square feet. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 36 A0009009 SECTION 17 - "MF -I " (B) Two (2) Bedroom Apartment - 800 square feet. (Ord. 91500-A-129) (C) Three (3) Bedroom Apartment - 1,000 square feet. (Ord. 91500-A- 129) Maximum number at three (3) bedroom units shall be fifteen (15%) percent of the total units. (Ord. 91500-A=129) 4. Lot Coverage: In no case shall more than forty (40%) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. (Ord. 91500-A-129) 17-4 Parking Regulations: Two (2) spaces for every one (1) and two (2) bedroom units and two and one-half (2-1/2) for every three (3) bedroom unit. Required parking may not occur within the front yard. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Covered parking spaces for at least Fifty per cent (50%) of the total dwelling units shall be provided. (Ord. 91500-A-129) In addition to the required off-street parking, another 1/2 space behind the curb line per unit is required for guest parking. These required spaces are to be located within six hundred (600) feet of the respective units. (Ord. 91500-A-129) 17-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of all structures shall be of masonry type (see Section 42-80) construction exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors, windows an the area above the top plate line. (Ord. 91500-A-129) 17-6 2F-9, TH-1, and TH-2 structures must conform to the district regulations as outlined in Sections 14, 15 and 16, respectively. (Ord. 91500-A-129) 17-7 Patios and Balconies: When an apartment building is erected so as to create balconies or patios facing a public street such balconies or patios shall be recessed and the exterior shall not extend beyond the building line. When such balcony or patio fronts a public street, a solid sight barring fence or wall 42" inches in height is required to screen such balcony or patio from view. (Ord. 91500-A-129) 17-8 Mechanical Eauinment: Mechanical equipment shall be constructed, located and screened so as not in interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 37 AGG09009 SECTION 17 - "MF -1 " 17-9 Refuse Facilities: Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designed pedestrian and vehicular travel way. There shall be available at all times at least (6) six cubic yards of refuse container per 30 multi -family dwelling units. For complexes with less than 30 units no less than(4) four cubic yards shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a fence or wall not less than six (6) feet, no more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition "(Ord. 91500, Amended Through 91500-A-129) 38 AGG09009 SECTION 18 "MF -2" MULTI -FAMILY RESIDENTIAL 2 DISTRICT REGULATIONS General Purpose and Description: The MF -2, Multiple Family Dwelling District is a residential attached district intended to provide for the highest residential density allowing a maximum development of twenty-two (22) dwelling units per net acre. The principal use of land in this district is for a wide variety of dwelling types, including duplexes, low-rise multiple -family dwellings, garden apartment, condominiums, and townhomes. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide convenient and attractive residential areas. This type of District is usually located adjacent to a major street and serves as a buffer or transition between retail/commercial development or heavy automobile traffic and medium or low density residential development (Ord. 91500-A-129) 18-1 Use Regulations: A building or premise shall be used only for the following purposes: I. Any use permitted in District "2F-9", "TH-1", "TH-2", and "MF -1" (Ord. 91500-A-129) 2. Any use permitted by Special Use permit, Section 30-6 (Ord. 91500-A- 129) 3. Home Occupations (Ord. 91500-A-129) 18-2 Height Regulations: Thirty-five (35) feet nor more than two (2) stories high (Ord. 91500-A-46) (Ord. 91500-A-129) 18-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet. There shall be ten (10) feet separation between buildings without openings (windows) and fifteen (15) feet between buildings with openings. A side yard adjacent to a side street fifteen (15) feet. For allowable non-residential uses fifteen (15) feet. If the side yard is adjacent to a single family district or use then paragraph "D" below shall apply (Ord. 91500-A-129) (C) Rear Yard: Twenty (20) feet (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 39 AGG09009 SECTION 18 - "MF -2" (D) There shall be a total of sixty (60) feet setback from the adjacent property line for buildings in excess of one story in height when an MF district is next to a single family zoning district line or use. (Ord. 91500-A-46) (Ord. 91500-A-129) 2. Minimum Size of Lot: (A) Lot Area: 1,980 square feet per dwelling unit and 22 dwelling units per acre (calculated on net acreage) (Ord. 91500-A-129) (B) Lot Width: The width of the lot shall not be less than fifty (50) feet at the front street building line (Ord. 91500-A-129) (C) Lot Depth: The average depth of the lot shall be not less than one hundred (100) feet (Ord. 91500-A-129) 3. Minimum Dwelling Unit Size: The minimum living area for Multi -Family Dwelling Units, "MF -2", shall be as follows: Unit Size Max. Percentage (Square Feet) of Units (A) Efficiency Apartment 550 10% (B) One (1) Bedroom Apartment 600 - (C) Two (2) Bedroom Apartment 700 - (D) Three (3) Bedroom Apartments 900 10% (Ord. 91500-A-129) 4. Lot Coverage: In no case shall more than fifty (50) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings (Ord. 91500-A-129) 18-4 Parking Regulations: Two (2) spaces for every 1 and 2 bedroom unit and 21/2 spaces per 3 bedroom unit. No required parking is allowed within the front yard. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Covered parking spaces for at least fifty percent (50%) of the total required parking spaces (not including required guest parking) shall be provided (Ord. 91500-A-129) In addition to the required off-street parking, another 1/2 space behind the curb ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 40 AGG091109 SECTION 18 - "MF -2" line per unit is required for guest parking. These required spaces are to be located within six hundred (600) feet of the respective units (Ord. 91500-A-129) 18-5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior of all structures shall be of masonry type (see Section 42-80) construction exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least eight (80%) percent masonry exclusive of doors, windows and the area above the top plate line (Ord. 91500-A-129) 18-6 2F-9, TH-1, and TH-2 structures must conform to the district regulations as outlined in Sections 14, 15 and 16 respectively (Ord. 91500-A-129) 18-7 Patios and Balconies: When an apartment building is erected so as to create balconies or patios facing a public street such balconies shall not extend beyond the building line. When such balcony or patio fronts a public street, a solid sight barring fence or wall is required to screen such balcony or patio from view (Ord. 91500-A-129) 18-8 Mechanical Equipment: Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence (Ord. 91500-A-129) 18-9 Refuse Facilities: Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designed pedestrian and vehicular travel ways. There shall be available at all times at least (6) six cubic yards of refuse container per 30 multi -family dwelling units. For complexes with less than 30 units no less than (4) four cubic yards shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a fence or wall not less than six (6) feet nor more than eight (8) feet in height or by enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 41 A0009009 SECTION 19 "MH" MANUFACTURED HOME PARK DISTRICT REGULATIONS General Purpose and Description: The MH- Manufactured Home district is intended to provide for quality manufactured home subdivision development containing many of the characteristics and atmosphere of a standard single family subdivision. (Ord. 91500-A-129) 19-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. A manufactured home park. (Ord. 91500-A-129) 2. Such uses as are normally accessory to a manufactured home park, including office and/or maintenance buildings for management and maintenance of the mobile home park only, recreation buildings and swimming pools, private clubs, laundry facilities and storage facilities for use of the residents of the manufactured home park, and open recreation areas. (Ord. 91500-A-129) 3. Any uses permitted in the "217-9, TH-1, TH-2, MF -1 and MF -2 district. (Ord. 91500-A-129) 4. Such uses as may be permitted under the provisions of Special Use Permits, Section 30-6. (Ord. 91500-A-129) 5. Home Occupations. (Ord. 91500-A-129) 19-2 Height Regulations: Fifteen (15) feet maximum. (Ord. 91500-A-129) 19-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet from a street fifteen (15) feet from any drive. (Ord. 91500-A-129) (B) Side Yard: Five (5) feet. Twenty (20) feet between mobile homes. Twenty (20) feet from district line. (Ord. 91500-A-129) (C) Rear Yard: Ten (10) feet. Twenty (20) feet from district line. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 42 AGG09009 SECTION 19 - "MH" 2. Minimum Size of Lot: (A) Lot Area: Forty-five hundred (4500) square feet per unit. (Ord. 91500-A-129) (B) Lot Width: Forty (40) feet. (Ord. 91500-A-129) (C) Lot Depth: Ninety-five (95) feet. (Ord. 91500-A-129) 3. Minimum Dwelling Size: Four hundred eighty (480) square feet. (Ord. 91500-A-129) 4. Lot Coverage: N/A 19-4 Parking Requirements: Two (2) spaces per unit located on the lot plus additional spaces for accessory uses as required in Section 31. (Ord. 91500-A-129) 19-5 Maximum area for a manufactured home park is thirty-five (35) acres and the minimum area required is twenty (20) acres. (Ord. 91500-A-129) 19-6 Two Family (duplex), Townhouse, and Multiple Family construction in this district shall conform to the 2F-9, TH-1, MF -1 district standards respectively. (Ord. 91500-A-129) 19-7 Manufactured Housing units shall have tie -downs to restrict movements of the units and skirting fastened between the unit and ground elevation. (Ord. 91500-A- 129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 43 AGG09009 SECTION 20 "O" OFFICE DISTRICT REGULATIONS 20-1 General Purpose and Description: The "0" Office District is intended for offices and other selected non-residential uses predominately serving community and city-wide needs. Site development regulations and standards are intended to ensure that uses will be compatible and complementary in scale and appearance with a residential environment. (Ord. 91500-A-129) Permitted Uses: A building or premise shall be used only for the following purposes: 1. Professional and administrative offices where services are provided only and no chattels or goods are offered for sale on the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. (Ord. 91500-A-129) 2. Business or trade school. 3. Business support services. 4. Communications services. 5. Financial services. 6. Personal improvement services. 7. Restaurant located within office building. 8. Day nursery or day care center. 9. Nursing home or convalescent home. 10. Laboratory: Scientific, research, testing, medical, dental, or optical so long as all operations are not conducted outdoors. 11. Florist (no outside storage). 12. Barber and beauty shop. 13. Drug store or pharmacy. 14. Hospital. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 44 A0009009 SECTION 20 - "OFFICE" 15. Fraternal club or lodge. 16. Postal facilities. 17. Crop production. 18. Municipal buildings. 19. Telephone exchange. 20. Golf course or country club. 21. Such uses as may be permitted under the provisions of Section 30-7, Special Use Permits. 22. Temporary buildings for use incidental to construction work on the premises, which said building shall be removed. Above section (Ord. 91500-A-129) except where noted. 20-2 Height Regulations: One hundred fifteen (115) feet nor more than ten (10) stories, but limited to thirty-five (35) feet on any portion of the site within one hundred fifty (150) feet of property zoned or used for A, SF -ED, SF -18, SF -12, SF -9, SF -7, 2F-9, TH-1 or TH-2. (Ord. 91500-A-129) 20-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Minimum required setback, thirty (30) feet with no front yard parking. If front yard parking is utilized, then sixty (60) feet front yard shall be observed. (Ord. 91500-A-129) (B) Side Yard: Minimum required setback, fifteen (15) feet, unless adjacent to property in a residential district then a minimum of twenty-five (25) feet shall be observed. (Ord. 91500-A-129) (C) Rear Yards: Minimum required, ten (10) feet, unless adjacent to property in a residential district than a minimum of twenty (20) feet shall be observed. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 45 A0009009 SECTION 20 - "OFFICE,, 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet. (Ord. 91500-A-129) (B) Lot Width: Fifty (50) feet. (Ord. 91500-A-129) (C) Lot Depth: None. (Ord. 91500-A-129) 3. Lot coverage: In no case shall more than fifty (50%) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. An additional 10% coverage is allowed in parking structures. (Ord. 91500-A-129) 4. Floor Area Ratio: Maximum F.A.R., 1.0 to 1. (Ord. 91500-A-129) 20-4 Parking Requirements: One parking space per 300 gross square feet of space or in accordance with parking requirements of Section 31. In addition, no parking area shall be allowed within ten (10) feet of the front property line or within five (5) feet of the rear property line. Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 34. (Ord. 91500-A-129) 20-5 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco type construction is permitted be special use permit only. (Ord. 91500-A-129) 20-6 Landscape requirements: Landscaped areas shall be provided according to Section 34. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 46 A0009009 SECTION 21 "R" RETAIL DISTRICT General purpose and description: The "R" Retail District is intended for neighborhood shopping facilities which provide limited business service and office facilities predominately for the convenience of residents of the community. (Ord. 91500-A-129) 21-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" Office District. 2. Consumer Repair Services. 3. Personal services. 4. Pet services. 5. Day nursery or day care centers. 6. Dry cleaning and laundry. 7. Other general retail sales of similar nature and character provided that the business establishment is subject to the following conditions: (A) That it be conducted wholly within an enclosed building. (B) That required yards not be used for display, sale or storage or merchandise, or for the storage of vehicles, equipment, containers or waste material. (C) That all merchandise be first-hand and be sold at retail on the premises. (D) That such use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. 8. Film developing and printing. 9. Fix -it shops for such items as bicycles and lawn mowers but without outside storage. 10. Furniture stores. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 47 AGG09009 SECTION 21 - "RETAIL" 11. Hardware store. 12. Printing shop or company (retail only). 13. Meat market (retail only). 14. Moving picture theater (indoor). 15. Seed store. 16. Veterinarian or animal hospital (no outside kennels). 17. Auto parts sales (new). 18. Community centers (public or private). 19. Museum. 20. College or university. 21. Uses permitted by Special Use Permit according to Section 30-8. Above section (Ord. 91500-A-129) except where noted. 21-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half (21/2) stories high. (Ord. 91500-A-129) 21-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking is utilized, then sixty (60) feet front yard shall be observed. (Ord. 91500-A-129) (B) Side Yard: (adjacent to a street or property line); thirty (30) feet. (Ord. 91500-A-129) (C) Rear Yard: Ten (10) feet unless adjacent to a residential zoning district in which case twenty (20) feet minimum be observed. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 48 A0009009 SECTION 21 - "RETAIL" 2. Minimum Size of Lot: (A) Lot Area: None. (Ord. 91500-A-129) (B) Lot Width: None. (Ord. 91500-A-129) (C) Lot Depth: None. (Ord. 91500-A-129) 3. Lot coverage: In no case shall more than forty (40%) percent of the lot area be covered by buildings. (Ord. 91500-A-129) 21-4 Parking Regulations: One (1) space per two hundred (200) square feet of gross leasable floor area or in accordance with Section 30. In addition, no parking area shall be allowed within ten (10) feet of the front property line or within five (5) feet of the rear property line. (Ord. 91500-A-129) Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 33. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 33. (Ord. 91500-A-129) 21-5 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. (Ord. 91500-A-129) 21-6 Landscape requirements: Landscaped areas shall be provided according to Section 34. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition 49 °'�'9 *(Ord. 91500, Amended Through 91500-A-129) SECTION 22 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS GENERAL PURPOSE AND DESCRIPTION The "HC" Highway Commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial -retail, and highway oriented uses, such as hotels, restaurants, and low and mid -rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the Community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the City. It is the intention of the "Highway Commercial" zoning district to create an attractive and unique entrance into the City. (Ord. 91500-A-30) 22-1 USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" Office district. (See Section 22-2 for exceptions). 2. Any use permitted in the "R" Retail district. 3. Temporary amusement activity (approved by City Council resolution). 4. Exhibition hall. 5. Equipment sales. 6. Hotel or motel. 7. Newspaper printing. 8. Radio, television or microwave receiving dish (subject to screening regulations; see Section 33-1). 9. Restaurant, cafe, and cafeteria, including drive-ins. 10. University, college, or parochial school and related facilities. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 50 AGG09009 SECTION 22 - "HIGHWAY COMMERCIAL" 11. Manufacturing and industrial plants including the processing or assembly of parts for production of finished equipment, where the process of manufacturing or treatment of materials is such that only a minimum amount of dust, odor, gas, smoke, or noise is emitted and that none of the lot or tract issued for the open storage of products, materials or equipment. 12. Any use permitted by Special Use Permit, as listed in Section 30-7, 30-8 or 30-9. (See Section 22-2 for exceptions). (Ord. 91500-A-30) (Ord. 91500-A-129) 22-2 NON -PERMITTED USES: For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the "HC" district even with a Special Use Permit. (Ord. 91500-A-30) (Ord. 91500-A-129) 1. Airport. 2. Crop production. 3. Kennels. 4. Any use requiring outside storage. 5. Pawn shops. 6. Seed store. 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station. 8. Self -storage or mini -warehouses. (Ord. 91500-A-30) (Ord. 91500-A-129) 22-3 AREA AND HEIGHT REGULATIONS: 1. Minimum Size of Yards: (A) Front Yard, (B) Side Yard: Sixty (60) feet. Thirty (30) feet. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 51 AGG09009 2. K (C) Rear Yard: Minimum Size of Lot: (A) Lot Area: (B) Lot Width: (C) Lot Depth: Twenty (20) feet. 10,000 square feet No minimum. No minimum. SECTION 22 - "HIGHWAY COMMERCIAL" Lot Coverage: In no case shall more than fifty percent (50%) of the lot be covered by buildings. (Ord. 91500-A-129) 4. Height Restrictions: Maximum height of twenty (20) stories, but limited to seventy (70) feet on any portion of the site within three hundred (300) feet of property zoned or used for A, SF -ED, SF -18, SF -12, SF -9, SF -7, SF -0, 2F-9, T-1- 1, or TH-2. In addition, no structure may exceed the maximum height limitations as established by the Dallas/Fort Worth International Airport Board. (Ord. 91500- A-129) (Ord. 91500-A-30) (Ord. 91500-A-129) 22-4 Parking Requirements: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 31. No more than fifty percent (50%) of the required parking shall be utilized in the front yard. No parking or loading shall be permitted within 20 feet of the front property line. (Ord. 91500-A-30) (Ord. 91500-A- 129) 22-5 Type of Exterior Construction: All structures shall be eighty percent (80%) masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted by Special Use Permit only. (Ord. 91500-A-30) (Ord. 91500-A- 129) 22-6 Landscaping Requirements: Landscape requirements shall be provided according to Section 33. Additionally, those areas which are specified within the Coppell Streetscape Plan shall be adhered to. (Ord. 91500-A-30) (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 52 SECTION 22 - "HIGHWAY COMMERCIAL" 22-7 Site Plan Review 1. The purpose of the site plan review is to ensure, prior to issuance of building permits, that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. (Ord. 91500-A-30) (Ord. 91500-A-129) 2. No building permit shall be issued on any tract of land unless a site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. A public hearing shall not be required. (Ord. 91500-A-30) (Ord. 91500-A-129) 3. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council. (Ord. 91500-A-30) (Ord. 91500-A-129) 4. Any major revision to an approved site plan must be approved by the City Council, however, minor revisions may be permitted upon approval by the Director of Planning or designee. The Director of Planning shall make the determination as to whether or not a revision is a minor or major revision. (Ord. 91500-A-30) (Ord. 91500-A-129) 5. The site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, access routes, adjacent zoning and structures, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off-street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the site plan for consideration of approval. (Ord. 91500-A-30) (Ord. 91500-A-129) 6. All site plans shall be filed with the Planning Department and reviewed by the Development Review Committee before going to the Planning and Zoning Commission and City Council. (Ord. 91500-A-30) (Ord. 91500-A-129) 7. An approved site plan shall be the final plan for development, and construction shall conform to the approved plan. A final site plan may be submitted for the total area zoned or any portion thereof. (Ord. 91500-A-30) (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 53 AGG09009 SECTION 23 "C" COMMERCIAL DISTRICT REGULATIONS General Purpose and Description: The "C" Commercial district is intended predominately for commercial activities of service nature which typically have operating characteristics (limited outside or open storage) or traffic service requirements generally incompatible with office, retail shopping and residential environments. 23-1 Use Reizulations: I. Any use permitted in the "O" Office and "R" Retail District. 2. Building material sales. 3. Carpentry, painting, plumbing or tinsmithing shops. 4. Automobile and truck rental. 5. Equipment sales. 6. Funeral services. 7. Limited warehousing and distribution. 8. Boarding or rooming house. 9. Radio, television or micro -wave tower or micro -wave receiving dish. 10. Motorcycle sales and service. 11. Auto parking lot or garage (commercial). 12. Tire dealership. 13. Bus terminal. 14. Heating and air conditioner shop. 15. Newspaper printing. 16. Trailer rental. 17. Special use permits according to Section 30-7, 30-8, 30-9 and 30-10. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 54 AGG09009 SECTION 23 - "COMMERCIAL" 23-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (21/2) stories high. 23-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking is utilized, then the sixty (60) feet front yard setback shall be observed. (B) Side Yard: (Adjacent to a street or property line): Thirty (30) feet. (C) Rear Yard: Minimum required, twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: None. (B) Lot Width: None. (C) Lot Depth: None. 3. Lot coverage: In no case shall more than forty (40%) percent of the lot area be covered by buildings. 4. Floor area ratio: Maximum F.A.R. 1.0 to 1. 23-4 Parking Requirements: Off street parking requirements shall be provided in accordance with Section 31. In addition, no parking area shall be allowed within 10 feet of the front property line or within five (5) feet of the rear property line. Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 34. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 55 A0009009 SECTION 23 . "COMMERCIAL" 23-5 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. 23-6 Landscape requirement: Landscaped areas shall be provided according to Section 34. 23-7 Areas used for open storage shall not exceed 20% of the lot area and shall be confined to the rear two-thirds (2/3) of the lot. Areas used for open storage shall be screened according to Section 33-1, 5. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 56 SECTION 24 "TC" TOWN CENTER DISTRICT General purpose and description: The "TC" Town Center District is intended to provide for a wide variety of office, retail and residential uses for the purpose of creating a focal point to the City of Coppell. 24-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any uses permitted in the "R" and "O" Districts. 2. Any use permitted in the "C" District except: (A) Used automobile sales or display, repair garages, tire and seat cover shops, and auto laundries unless incidental to a service station. (B) Building material sales having outside storage or display of materials. (C) Plumbing and air conditioning shops. (D) Farm implement sales with outdoor display. (E) Radio broadcasting towers. (F) Veterinarian clinic with outside kennels. (G) Carpentry, painting or tinsmithing shops. (H) Public utility substations by special use permit. (I) Any uses requiring outside storage. (J) Truck sales or rental. (K) Pawnshop. (L) Warehousing activities. 3. Hospital or nursing home. 4. Community center (public or private). ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 57 AGG09009 SECTION 24 - "TOWN CENTER" 5. College or university. 6. Museum. 7. Any use permitted in the "TH-1", "TH-2", "MF -1" and "MF -2" districts provided that not more than thirty percent (30%) of the total Town Center area is utilized for residential purposes or as is shown on the approved location plan for the existing TC. 8. Such uses as may be permitted under the provisions of Special Use Permit, Section 30-11. 9. Public Buildings. 24-2 Heijzht Regulations: 1. Non-residential: Maximum height shall be one hundred twenty (120) feet but shall not exceed sixty (60) feet on any portion of a site within one (100) feet of property zoned or developed as MF, TH, or SF. A set back of two (2) feet for each one (1) foot in height over two (2) stories is also required in addition to the normal required set back when non-residential uses are adjacent to residential uses. 2. Residential: Refer to the individual section governing each residential use. 24-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: (1) Non-residential: None required. (2) Residential: Refer to the individual sections governing each residential use. (B) Side Yard: (1) Non-residential: None required except that a side yard of ten (10) feet shall be provided when the side yard is adjacent to a residential use. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 58 AGG09009 SECTION 24 - "TOWN CENTER" (2) Residential: Refer to the individual sections governing each residential use. (C) Rear Yard: (1) Non-residential: None required unless adjacent to a residential use in which case a rear yard of ten (10) feet is required. (2) Residential: Refer to the individual sections governing residential use. 2. Minimum Size of Lot: (A) Lot Area: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. (B) Lot Width: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. (C) Lot Depth: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. 3. _Minimum Dwelling Size: Refer to the individual section governing each residential use. 4. Lot Coverage: (A) Non-residential: No minimum coverage is required. (B) Residential: Refer to the individual section governing each residential ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 59 AGCOM SECTION 24 - "TOWN CENTER" use. 24-4 Parking and Loading Regulations: Off-street parking spaces shall be provided in accordance with the requirements for the uses set forth in Section 31 or in accordance with the standards of the district for the respective use. In addition, no parking area shall be allowed within 10 feet of the front property line or within five (5) feet of the rear property line. Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 34. 24-5 Screening Regulations: In the event that a non-residential district sides or backs upon a residential use, a screening structure or fence of not less than six (6) or more than eight (8) feet in height shall be erected on the property line separating these uses with a visual barrier as herein provided. The owner of such non- residential property shall be responsible for and shall build the required wall or fence on his property dividing his use from the residential use. In cases where the City Council finds this requirement to be impractical for immediate or future construction, it may grant a temporary or permanent waiver of the required screening wall. 24-6 Special Conditions: 1. Non-residential: A detailed site plan must be approved by both the Planning and Zoning Commission and City Council prior to issuance of building permit. 2. Residential: All residential uses shall be located in the designated area shown on the location plan for the purpose of insuring proper transition and compatibility between the proposed residential uses and non-residential uses. 3. Any special conditions required by the Planning and Zoning Commission or City Council shall be incorporated or made a part of the amending ordinance granting Town Center Zoning. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) C0 AGG09009 SECTION 24 - "TOWN CENTER" 4. An architectural Review Board shall be established by the property owner consisting of five members for the purpose of reviewing development proposals for the Town Center District. One elected City official shall be a member of this committee. 5. A Merchants Association shall be established for all business uses located in the Town Center District. When the property is utilized as a residential use, a homeowners association shall be established. 6. Screening of mechanical equipment, patio and balconies and refuse facilities in townhouse or multi -family type construction shall conform to the respective districts. 24-7 Usable Open Space: Each lot or parcel of land, which is used for multiple -family residences, shall provide on the same lot or parcel of land usable open space. The ratio of usable open space shall be one hundred (100) square feet per bedroom. 24-8 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. 24-9 Landscape Requirements (Non -Residential Areas): See Section 34. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 61 AGG09009 SECTION 25 "LI" LIGHT INDUSTRIAL DISTRICT General Purpose and Description: The LI Light Industrial District is intended to provide for commercial and light manufacturing uses. (Ord. 91500-A-129) 25-1 Use Regulations: The following uses are permitted in the "LI" District, provided that such manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and which produces no noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property. (Ord. 91500-A-129) I. Any use permitted in any of the "O" Office, "R" Retail, and "C" Commercial Districts. 2. Apparel and other products assembled from finished textiles. 3. Bottling works. 4. Carting, express, hauling or storage yard. 5. Contractor's yard. 6. Cosmetic manufacturer. 7. Drugs and pharmaceutical products manufacturing. 8. Electronic products manufacturing. 9. Fur goods manufacture, but not including tanning or dyeing. 10. Glass products from previously manufactured glass. 11. Household appliance products assembly and manufacture from prefabricated parts. 12. Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than twenty (20%) per cent of the lot or tract is used for the open storage of products, materials, or equipment. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 62 A0009009 SECTION 25 - 'LIGHT INDUSTRIAL" 13. Musical instruments assembly and manufacture. 14. Plastic products manufacture, but not including the processing of raw materials. 15. Sporting and athletic equipment manufacture. 16. Testing and research laboratories. 17. Housing prefabrication. 18. General warehousing activities (including convenience storage or "mini warehouse"). 19. Veterinarian clinic (outside kennels). 20. Any uses permitted by Special Use Permit, Section 30-12. Above section (Ord. 91500-A-129) except where noted. 25-2 Height Regulations: Office or industrial use - None except limited to thirty-five (35) feet on any portion of the site within one hundred fifty (150) feet of property zoned or used for A, SF -ED, SF -18, SF -12, SF -9, SF -7, SF -0, 2F-9, TH-1, TH-21 MF -1 or MF -2. (Ord. 91500-A-129) 25-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet with no front yard parking. If front yard parking is utilized then sixty (60) feet front yard setback shall be observed. (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet unless adjacent to property in residential district; then a minimum of fifty (50) feet shall be observed. (Ord. 91500-A-129) (C) Rear Yards: Ten (10) feet unless adjacent to property in a residential district; then a minimum of fifty (50) feet shall be observed. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 63 A0009009 SECTION 25 - 'LIGHT INDUSTRIAL" (D) For structures requiring railroad access, setback requirements from the center line of the Railroad Right-of-way shall be in accordance with applicable state laws. (Ord. 91500-A-129) 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet. (Ord. 91500-A-129) (B) Lot Width: Fifty (50) feet. (Ord. 91500-A-129) (C) Lot Depth: None. (Ord. 91500-A-129) 3. Lot Coverage: In no case shall more than fifty (50) per cent of the lot area be covered by the main building and accessory buildings. An additional ten (10%) per cent coverage is allowed for parking structures. (Ord. 91500-A- 129) 4. Floor Area Ratio: Maximum F.A.R. 2.0 to 1. (See Appendix Illustration No. 15) (Ord. 91500-A-129) 25-4 Parking regulations: Required off-street parking shall be provided in accordance with the special uses set forth in Section 31. All parking shall be located at least 30 feet behind the front property line and 5 feet from the rear property line. Parking may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the parking front setback reduction. (Ord. 91500-A-30) (Ord. 91500-A-129) 25-5 Type of Construction: Exterior wall construction in districts permitting non- residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be eighty percent (80%) masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. (Ord. 91500- A-30) (Ord. 91500-A-129) 25-6 Landscape Requirements: Landscape areas shall be provided according to Section 34. (Ord. 91500-A-129) 25-7 Areas used for open storage shall be screened according to Section 33-1, 5. Open storage areas shall be confined to the rear 2/3 (two thirds) of the lot. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 64 AGG09009 SECTION 26 "HI" HEAVY INDUSTRIAL DISTRICT General Purpose and Description: The "HI", Heavy Industrial district is intended to provide for basic and heavier manufacturing uses than may be inappropriate in the LI District. (Ord. 91500-A-129) 26-1 Use Regulations: Any building or premises may be used for any purpose, including the below enumerated uses unless otherwise prohibited by other ordinance or laws; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes. (Ord. 91500-A-129) Any use permitted in the LI District. (Ord. 91500-A-129) 2. Any uses permitted by Special use permit, Section 30-12. (Ord. 91500-A- 129) 26-2 Height Regulations: Office or industrial use -none except limited to thirty-five (35) feet on any portion of the site within one hundred fifty (150) feet of property zoned or used for A, SF -ED, SF -18, SF -12, SF -9, SF -7, 2F-9, TH-1, TH-2, MF -1 or MF -2. (Ord. 91500-A-129) 26-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Sixty (60) feet along major thoroughfares. Thirty (30) feet on all other streets. No parking or loading shall be permitted within thirty (30) feet of the right-of-way. (Ord. 91500-A-129) (B) Side Yard: Ten (10) feet unless adjacent to property in a residential district; then a minimum of fifty (50) feet shall be observed. (Ord. 91500-A-129) (C) Rear Yards: Five (5) feet unless adjacent to property in a residential district; then a minimum of fifty (50) feet shall be observed. (Ord. 91500-A-129) (D) For structures requiring railroad access, setback requirements from the center line of the Railroad Right -of way shall be in accordance with applicable State laws. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 65 AGG09009 SECTION 26 - "HEAVY INDUSTRIAL" 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet. (Ord. 91500-A-129) (B) Lot Width: Fifty (50) feet. (Ord. 91500-A-129) (C) Lot Depth: None. (Ord. 91500-A-129) 3. Lot Coverage: In no case shall more than fifty (50%) per cent of the lot area be covered by the main building and accessory buildings. An additional ten (10%) per cent coverage is allowed for parking structures. (Ord. 91500-A-129) 4. Floor Area Ratio: Maximum F.A.R. 2.0 to 1 (See Illustration No. 15) 26-4 Parking Regulations: Required off-street parking shall be provided in accordance with the special uses set forth in Section 31. In addition, no parking or loading shall be allowed within (30) thirty feet of the front property line. (Ord. 91500-A- 129) 26-5 Type of Construction: Exterior wall construction in districts permitting non- residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted. Concrete block type exterior is permitted by special use permit only. (Ord. 91500-A-129) 26-6 Landscape Requirements: Landscape areas shall be provided according to Section 34. (Ord. 91500-A-129) 26-7 Areas used for open storage shall be screened according to section 33-1, 5, and shall be confined to the rear two-thirds (2/3) of the lot. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition "(Ord. 91500, Amended Through 91500-A-129) 66 AGG09009 SECTION 27 "PD" PLANNED DEVELOPMENT DISTRICT General Purpose and Description: The Planned Development District "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of special provisions of this Ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A PD District may be used to permit new and innovative concepts in land utilization. (Ord. 91500-A-129) While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. (Ord. 91500-A-129) 27-1 Any non-residential use shall be permitted if such use is specified in the Ordinance granting a Planned Development District. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this Ordinance. (Ord. 91500-A-129) In a single family detached residential Planned Development, a minimum of 65% of the property shall meet or exceed SF -7 development standards. The 35% of the property that may deviate from SF -7 development standards shall be identified on the plat along with details of the deviations. These standards shall include minimum setbacks, coverage, height, density, f.a.r., and any other development guidelines deemed appropriate by the Planning and Zoning Commission and City Council. The remaining 35% of the property shall abide by the following minimum development guidelines: front yard setback - 20' rear yard setback - 20' side yard setback - 5' maximum coverage - 55% maximum height - 35' The Board of Adjustment shall have no authority to grant variances in a PD zoning district. (Ord. 91500-A-129) Pre -Application Conference Prior to the filing of a Planned Development Application, the applicant shall consult with the Development Review Committee to discuss concerns relating to the ultimate land use of the proposed development, the suitability of the location of the proposed development, the ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 67 A0009009 SECTION 27 - "PLANNED DEVELOPMENT" arrangement of streets, alley and lots, and the layout of utility lines. Conditional approval as to the general land use of the proposed planned development must be obtained from the Planning Director or designee prior to the submittal of a Planned Development Application. (Ord. 91500- A-129) Development Requirements: 1. Development requirements for each separate PD District shall be set forth in the Ordinance granting the PD District and may include, but not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. (Ord. 91500-A- 129) 2. The Ordinance granting a PD District may include a statement as to the purpose and intent of the PD granted therein. (Ord. 91500-A-129) 3. The Planned Development district shall conform to all other sections of this ordinance unless specifically excluded in the granting ordinance. (Ord. 91500-A-129) 4. All applications shall state all requested deviations from the standard requirements set forth throughout this ordinance and must be indicated in written form and on the face of the zoning exhibit. (Ord. 91500-A-129) 27-2 In establishing a Planned Development District in accordance with this section, the City Council shall approve and file as part of the amending Ordinance appropriate plans and standards for each Planned Development District. During the review and public hearing process, the Planning and Zoning Commission and City Council shall require a Conceptual Plan and a detail site plan. (Ord. 91500-A-129) 1. Conceptual Plan - This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and as may be required supported by written documentation of proposals and standards for development. (Ord. 91500-A-129) (A) A Conceptual Plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 68 AGG09009 SECTION 27 - "PLANNED DEVELOPMENT" development which does not propose platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas and other pertinent development data. (Ord. 91500-A-129) (B) A Conceptual Plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Council, may include but is not limited to the types of use(s), topography and boundary of PD area, physical fea- tures of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final Detail Site Plan Once the Concept Plan has been approved by the Planning and Zoning Commission and the City Council, a Detail Site Plan must be approved by the Planning and Zoning Commission and the City Council prior to the issuance of a building permit. (Ord. 91500-A- 129) (C) Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site or does not significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the Planning Director or designee. (Ord. 91500-A-129) 2. Detail Site Plan - This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the Detail Site Plan shall be the basis for issuance of a building permit. The Detail Site Plan may be submitted for the total area of the PD or for any section or part as approved on the Conceptual Plan. A public hearing for the Detail Site Plan shall be required only if specifically stated at the time of Conceptual Plan approval in the original amending ordinance or if the developer elects not to submit a Concept Plan. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 69 A0009009 SECTION 27 - "PLANNED DEVELOPMENT" The Detail Site plan shall include: (A) A site inventory analysis including a scale drawing showing existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas. (Ord. 91500-A-129) (B) A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, [street widening and street changes; the points of ingress and egress from existing streets]; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five (5) feet. (C) A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings,and between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (Ord. 91500-A-129) (D) A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. The landscaping plan shall conform to the minimum standards established in Section 34 and in the approved Coppell Streetscape Plan. (Ord. 91500-A-129) (E) An architectural plan showing elevations and signage style to be used throughout the development in all districts except residential. (Ord. 91500-A-129) Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the Director of Planning. (Ord. 91500-A-129) 3. All Detail Site Plans shall have supplemental data describing standards, schedules or other data pertinent to the development of the Planned Development District which is to be included in the text of the amending Ordinance. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 70 AGG09009 SECTION 27 - "PLANNED DEVELOPMENT" Procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 44. This procedure is further expanded as follows for approval of Conceptual and Detail Site Plans. (Ord. 91500-A-129) (A) Public hearings shall be held by the Planning and Zoning Commission and City Council for the approval of the Conceptual Plan. (Ord. 91500-A-129) (B) The Ordinance establishing the Planned Development District shall not be approved until the Conceptual or Detail Site Plan is approved. (1) The Detail Site Plan may be approved in sections. When the Plan is approved in sections, the separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. (Ord. 91500- A-129) (2) A Detail Site Plan shall be submitted for approval within six (6) months from the approval of the Conceptual Plan. If the Detail Site Plan is not submitted within six (6) months, the Concept Plan is subject to re -approval by the Planning and Zoning Commission and City Council. Failure to submit the detail site plan within a six (6) month period shall be cause for the Planning and Zoning Commission to call a public hearing to determine proper zoning for the property. (Ord. 91500-A- 129) DETAIL SITE PLAN REVIEW The purpose of the site plan review is to ensure, prior to issuance of building permits, that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. (Ord. 91500-A-129) No building permit shall be issued on any tract of land unless a detail site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. (Ord. 91500-A-129) No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 71 A0009009 SECTION 27 - "PLANNED DEVELOPMENT" Any major revision to an approved detail site plan must be approved by the City Council, however, minor revisions may be permitted upon approval by the Director of Planning or his designee. The Director of Planning shall make the determination as to whether a revision is a minor or major revision. (Ord. 91500- A-129) A site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off-street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the detail site plan. (Ord. 91500-A-129) All detail site plans shall be filed with the Planning Department and reviewed by the Development Review Committee before going to the Planning and Zoning Commission and City Council. (Ord. 91500-A-129) An approved site plan shall be the final plan for development, and construction shall conform to approved plan. A detail site plan may be submitted for the total area zoned or any portion thereof. (Ord. 91500-A-129) Retail Shopping Centers In the case of retail shopping centers, if an approved zoning concept plan has been approved by the Planning and Zoning Commission and the City Council, or if the retail shopping center is an existing structure prior to application of a Special Use Permit, a plan indicating the foot print of the shopping center may be submitted in lieu of major plans. (Ord. 91500-A-129) 27-3 When a PD is being considered, a written report from the City Manager discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public school district, and from private utilities may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the Council. In the event written comments are not forthcoming in a reasonable amount of time, the Commission may at its discretion make a recommendation to the Council. (Ord. 91500-A-129) 27-4 All Planned Development Districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning Districts Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 72 A0009009 SECTION 27 - "PLANNED DEVELOPMENT" in the planning office. (Ord. 91500-A-129) 27-5 Planned Development Ordinances Continued - Prior to adoption of this ordinance, the City Council had established various Planned Development Districts, each containing, as a part of its adoptive ordinance and/or plan, certain conditions, restrictions, regulations and requirements applicable to the respective Planned Development District. The Planned Development Districts shown (as of the date of this ordinance) on the Zoning Map adopted as a part of this ordinance, shall be continued in full force and effect and the ordinances granting such Planned Development District classification shall not be repealed. Provided However, any reference in such adoptive ordinance to any basic zoning district shall be a reference to that basic zoning district as such is provided for in this ordinance. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 73 AGG09009 SECTION 28 "FP" - FLOOD PLAIN DISTRICT FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION General Purpose and Description - To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts are designated with a Flood Plain Prefix, FP. Areas designated on the Zoning District Map by an FP Prefix shall be subject to the following provisions: 28-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry. (Ord. 91500-A-129) 2. Off-street parking incidental to any adjacent main use permitted in the district. (Ord. 91500-A-129) 3. Electrical Substation. (Ord. 91500-A-129) 4. All types of local utilities including those requiring Special Use Permits. (Ord. 91500-A-129) 5. Parks, community centers, playgrounds, public golf courses (no structures), and other recreational areas. (Ord. 91500-A-129) 6. Private open space as part of a Community Unit Development of Planned Residential Development. (Ord. 91500-A-129) 7. Heliport when approved by Special Use Permit as provided in Section 30. (Ord. 91500-A-129) 28-2 No building or structure shall be erected in that portion of any district designated with a Flood Plain, FP, Prefix until and unless such building or structure has been approved by the City Council after engineering studies have been made and it ascertained that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or the public health and welfare. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition "(Ord. 91500, Amended Through 91500-A-129) 74 A0009009 SECTION 28 - "FLOOD PLAIN" 28-3 Any dump, excavation, storage, filling, or mining operation within that portion of a district having a Flood Plain, FP, Prefix shall be approved in writing by the Public Works Director before such operation is begun. (Ord. 91500-A-129) 28-4 An area may be removed from the Flood Plain, FP, Prefix designation when by the provision of drainage works, grading, flood protection, or specific drainage study, it is determined by the City Council that the flood hazard has been alleviated. (Ord. 91500-A-129) 28-5 The fact that land is, or is not, within a district having a Flood Plain, FP, Prefix, shall not be interpreted as assurance that such land or area, is or is not, subject to periodic local flooding. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 75 AG009009 This Page Reserved For Future Use "SECTION 28A "HO" - HISTORIC OVERLAY DISTRICT General Purpose and Description: The Historic Overlay District "HO" prefix is intended to provide special development standards compatible with the unique character of Old Town Coppell, as defined herein. (Ord. 91-500-A 168) 28A-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the underlying zoning district classification. (Ord. 91-500-A-168) 2. Asphalt pavement in lieu of concrete pavement when authorized by a special use permit granted under Section 30. (Ord. 91-500-A-168) 3. Wood or similar siding for up to one hundred percent of exterior construction when authorized by a special use permit under Section 30. (Ord. 91-500-A-168) 28A-2 SMial Use Permit Conditions: In granting Special Use Permits, the City Council shall take into consideration the historic character of the overlay district, as follows: 1. In authorizing asphalt pavement in lieu of concrete pavement, City Council shall make such approval conditional upon the provision of adequate landscaping, screening and concealment of parking areas to maintain a roadside appearance characteristic of Coppell in the first half of the twentieth century. (Ord. 91-500-A-168) 2. In authorizing wood or similar siding on up to 100% of exterior construction in lieu of masonry, City Council shall make such approval conditional upon color selections, architectural style and signage which are compatible with surrounding properties and which are characteristic of Coppell in the first half of the twentieth century. (Ord. 91-500-A- 168) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) Ordinance Amending Sec. 28A: 91500-A-168 75.1 1ss11860 SECTION 28A - `HISTORIC OVERLAY DISTRICT" 28A-3 Standards of Construction: 1. All on-site asphalt pavement shall comply with City Design Criteria and Standards for parking lots. (For City Design Criteria and Standards see Appendix C, Section I, paragraph E(1)0), of Ordinance No. 94643, Subdivision Regulations, as amended.) (Ord. 91-500-A-168) 2. Wood or other siding shall consist of or closely resemble painted horizontal clapboard, horizontal shiplap, vertical tongue-in-goove or vertical board and batten siding. Materials other than wood shall consist of masonite, metal or vinyl. Metal and vinyl siding shall have a baked -on enamel surface or other factory finish which requires no additional coat(s) of paint at time of installation. (Ord. 91-500-A-168) 28A-4 District Boundaries: The properties within the Historic Overlay District boundaries shall be given the "HO" prefix on the zoning map and shall be subject to the provisions of this Section. (Ord. 91-500-A-168) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended "Through 91500-A-129) Ordinance Amending Sec. 28A: 91500-A-168 lss 11860 75.2 SECTION 29 SIGN REGULATIONS Purpose: Signs use private land and the sight lines created by the public right-of-way to inform and persuade the general public by publishing a message. This Section provides standards for the erection and maintenance of private signs. All private signs not exempted shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following: 1. Safety: To promote the safety of persons and property by providing signs that: (A) Do not create a hazard due to collapse, fire, collision, decay or abandonment; (B) Do not obstruct fire fighting or police surveillance; and (C) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. (Ord. 91500-A-129) 2. Communications Efficiency: To promote the efficient transfer of information in sign messages by providing that: (A) Those signs which provide messages and information most needed and sought by the public are given priorities. (Ord. 91500-A-129) (B) Businesses and services may identify themselves. (Ord. 91500-A-129) (C) Customers and other persons may locate a business or service. (Ord. 91500-A-129) (D) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes. (Ord. 91500-A-129) (E) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. (Ord. 91500-A-129) 3. Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (A) Do no interfere with scenic views; ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 915WA-129) 76 AGC49M This Page Reserved For Future Use SECTION 29 - "SIGN REGULATIONS" (B) Do not create a nuisance to persons using the public right-of-way; (C) Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and (D) Are not detrimental to land or property values. (Ord. 91500-A-129) 29-1 Definitions: Unless the context clearly indicates otherwise, the following words and phrases shall have meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. (Ord. 91500-A-129) Buildin : means a structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animals or chattel. (Ord. 91500- A-129) 2. Effective Area, Attached Sian: means the sum of the areas of the minimum imaginary rectangles of vertical and horizontal lines enclosing each word attached to any particular facade. Effective area shall also be referred to as size. If a design, outline, illustration, or interior illumination surrounds or attracts attention to a word, then it is included in the calculation of effective area. (See Appendix Illustration 16) (Ord. 91500-A-129) 3. Effective Area, Detached (Monument) Sign: means the area within an imaginary rectangle of horizontal and vertical lines that fully contain all extremities of the sign location above the ground including the sign base. The measurement is to be calculated from a viewpoint which gives the largest rectangle of that kind. The effective area shall also be referred to as size. If elements of the sign are movable or flexible, such as a flag or string of lights, the measurement is taken when the elements are fully extended and parallel to the plane of view. (See Appendix Illustration 16) (Ord. 91500-A-129) 4. Facade: means any separate face of a building, including parapet walls and omitted wall line, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions with forty-five (45) degrees of one another, they are to be considered as a part of a single facade. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 77 A0009009 SECTION 29 - "SIGN REGULATIONS,, 5. Front Facade: means one of the following: (A) the facade (as defined herein) which faces the public street, where the lot on which the facade is located adjoins only one public street right-of-way; (B) the combination of facades (as defined herein) each of which faces a public street, where the lot on which the facades are located adjoins more than one public street right-of-way; or (C) the facades (as defined herein) which contain one or more doors open to the public during conduct of business, where no facade faces a public street. (Ord. 91500-A-129) 6. Frontage: means the total width of the front facade, as defined herein. (Ord. 91500-A-129) 7. Graffiti: means any rude or otherwise unauthorized inscription, design, motto, or pictograph, scratched, drawn, painted, or in any way marked on the surface of any wall, fence, rock, escarpment, or any other exposed surface of any public or private property without first having obtained permission from the owner of such property. (Ord. 91500-A-129) 8. Luminous Gaseous Tubing: means exposed tubes used in or as signs and which contain luminescent inert gases including, but not limited to, neon, argon and krypton. (Ord. 91500-A-129) 9. Model Home: means a single family dwelling structure that is open for inspection by the general public and is not used as a dwelling. (Ord. 91500-A-129) 10. Premises: means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination thereof is under single ownership that is reflected in the plat records of the City. (Ord. 91500-A-129) 11. Premises, Dwelling: means a lot zoned SF, TH, or 2F that is occupied by a residential housing structure. (Ord. 91500-A-129) 12. Public Right -of -Way: means a dedicated road or street including the easement for that road or street. (Ord. 91500-A-129) 13. Sign: means any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, wind device or other thing visible from outside the premises on which it is located and that is ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91-cAMA-129) 78 AGCOM SECTION 29 - "SIGN REGULATIONS" designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises. (Ord. 91500-A-129) 14. Sian, Attached: means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space, with the exception of any window sign as defined herein. (Ord. 91500-A-129) 15. Sign, Banner: means a sign which is not permanently affixed. (Ord. 91500-A- 129) 16. Sian, Can: a sign constructed of a frame, usually steel, surrounded by sheet goods, usually sheet metal and/or plastic, within which light fixtures may be placed. (Ord. 91500-A-129) 17. Sign, Detached: means any sign connected to the ground that is not an attached, portable or vehicle sign. (Ord. 91500-A-129) 18. Sian, Monument: means any detached sign which is of monolithic or semi - monolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix Illustration 17) (Ord. 91500-A-129) 19. Sian, Movement Control: means a sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located. (Ord. 91500-A-129) 20. Sian, Off -Premise: means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. (Ord. 91500-A-129) 21. Sian, Pole: means any detached sign which is not a monument sign. (Ord. 91500-A-129) 22. Sian, Political: means any type of sign which refers only to the issues or candidates involved in a political election. (Ord. 91500-A-129) 23. Sian, Portable: means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another, and that is not an attached sign, vehicular sign, or a sign that refers solely to the sale or lease of ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500. Amended Through 915MA-129) 79 AGGOM SECTION 29 - "SIGN REGULATIONS" the premises. (Ord. 91500-A-129) 24. Sian, Premise: means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity. (Ord. 91500-A-129) 25. Sian, Protective: means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, "bad dog", "no trespassing", and "no solicitors". (Ord. 91500-A-129) 26. Sian, Subdivision: means a sign that identifies the name of the subdivision only. (Ord. 91500-A-129) 27. Sian Sunyort: means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one (1) inch in height, nor is internally or decoratively illuminated. (Ord. 91500-A-129) 28. Sian, Vehicular: means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. (Ord. 91500-A-129) This definition shall not include signs which are being transported to a site of permanent erection. (Ord. 91500-A-129) 29. Sian, Window: means any sign not government mandated, which is attached to either side of the glass within a window or which is located within a window opening and, as viewed from outside, is forward of the plane of the inside face of an exterior wall. (Ord. 91500-A-129) 30. Zoning District, Business: means any zoning district designated by this ordinance as O, R, C, TC, LI or HI. Any PD District with the previous listed zoning prefix is also included in this list, unless specifically excluded by its provisions. (Ord. 91500-A-129) 31. Zoning District, Non -Business: means any zoning district not designated as a business district as defined herein. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 80 AGGOM9 SECTION 29 - "SIGN REGULATIONS" 29-2 Permit Procedures and Fees: 1. Permits: No person shall erect, construct, relocate, alter, or repair a sign without first having obtained a permit, except as otherwise provided in this Section. This Section does not apply to government signs. (Ord. 91500-A-129) 2. Application: Application for a permit shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and the sign specifications. (Ord. 91500-A-129) 3. Fees: Every applicant, before being granted a permit, shall pay the applicable fee established by resolution of the City Council. (Ord. 91500-A-129) (A) It shall be unlawful for any person to repair or make alterations, excluding repainting or changing the message, to any sign requiring a permit without first obtaining a repair permit and payment of the required fee. (Ord. 91500-A-129) (B) Any person who erects, places, alters, repairs or relocates a sign, or commences work thereon, without first having obtained a permit, shall pay a late fee equal to twice the amount of the applicable sign permit fee. (C) A permit for a sign, shall expire if the work is not commenced within forty- five (45) days from the date of issuance of such permit, or if work authorized by such permit is suspended or abandoned at any time after work is commenced for a period of forty-five (45) days. (Ord. 91500-A-129) 4. Electrical Permit: Prior to issuance of a sign permit for a sign in which electrical wiring and connections are required, an electrical permit must be obtained from the City. The electrical inspector shall examine the plans and specifications submitted with the application to ensure compliance with the Electrical Code of the City. No sign shall be erected, repaired or altered in violation of the Electrical Code. (Ord. 91500-A-129) 29-3 Provisions for All Zoning Districts: 1. Imitation of Traffic and Emergency Signs Prohibited: No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 9M. Amended Through 91500-A-129) 81 AGO09009 SECTION 29 - "SIGN REGULATIONS" 2. Special Purpose Signs: (A) Movement Control Signs: Movement control signs may be erected at any occupancy or any premises, other than single family or duplex premises, may be attached or detached, and may be erected without limits as to number; provided that such signs shall comply with all other applicable requirements of this Section. Movement control signs shall be premise signs only and shall not be construed as any sign listed in Paragraph 29-4 or Paragraph 29-5. The occupant who erects a movement control sign on the premises shall comply with the following requirements: i. each sign must not exceed three (3) square feet in effective area; ii. if a sign is an attached sign, the words must not exceed six (6) inches in height; iii. each sign must convey a message which directs vehicular or pedestrian movement within or onto the premises on which the sign is located; iv. the signs must contain no advertising identification message. (Ord. 91500-A-129) (B) Protective Signs: The occupant may erect not more than two (2) protective signs on the premises, in accordance with the following: i. each sign must not exceed two (2) square feet in effective area; ii. detached signs must not exceed (2) feet in height; iii. letters must not exceed four (4) inches in height. (Ord. 91500-A-129) (C) Vehicular Signs: Vehicular signs shall: i. contain no flashing or moving elements; ii. not project beyond the surface of a vehicle; and iii. not be attached to a vehicle so that the driver's vision is obstructed from any angle. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500. Amended Tbrough 91500-A-129) 82 AG009009 SECTION 29 - "SIGN REGULATIONS,, (D) Government Signs Signs which are legally required or necessary to the essential functions of government agencies, such as flags, insignia, legal notices, or informational, directional, or traffic signs, shall be exempt from the provisions of this Section. (Ord. 91500-A-129) (E) Political Signs: Political signs shall conform to the following requirements: i. Political signs not exceeding six (6) square feet in effective area per side may be erected at dwelling premises with no limitation as to their number. No permit is required. On lots where a sidewalk exists within the street right-of-way, the sign or signs shall be located at least fifteen (15) feet from the edge of the street pavement. Signs must be removed within ten (10) days after the election. (Ord. 91500-A-129) ii. Political signs that are located on property other than a dwelling premises must have a permit and conform to the following requirements: Maximum Effective Area - 36 square feet Maximum Height - 10 feet Minimum Setbacks - 15 feet from all property lines (F) Garage Sale Signs: Homeowners may erect temporary off -premise signs which refer to a garage sale held on their property. Such signs shall be erected only between the hours of 12:00 noon Friday and 12:00 noon Monday. Signs shall not exceed six (6) square feet in effective area and may be placed within the city right-of-way, provided that they do not project out over the street or sidewalk. No sign will be allowed within any street median or attached to any tree or to any public utility pole. No permit or fee is required. (Ord. 91500-A-129) (G) Community Event Notices: Bonafide non-profit organizations may erect temporary off -premise signs which refer to an activity or function of the organization. Such signs shall not be erected for more than ten (10) days. No more than thirty (30) such signs shall be placed within the City which refer to the activity or function. Signs shall not exceed six (6) square feet in effective area and may be placed with the City right-of-way, provided that they do not project out over the street or sidewalk. No sign will be allowed within any street median. A permit shall be required for these signs; however, no permit fee will be assessed. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500. Amended Through 91500-A-129) 83 A0009009 SECTION 29 - "SIGN REGULATIONS" (H) Holiday Lights and Decorations: Temporary lights and holiday decorations shall be exempt from the provisions of this Section. (Ord. 91500-A-129) 3. Prohibited Signs: The following types of signs are specifically prohibited. (A) Portable Signs. (Ord. 91500-A-129) (B) Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving parts unless otherwise specifically allowed by this Section. (Ord. 91500-A-129) (C) Signs erected in violation of the building or electrical code of the City. (Ord. 91500-A-129) (D) Signs attached to or maintained upon any tree or public utility pole or structure. (Ord. 91500-A-129) (E) Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building. (Ord. 91500-A-129) (F) Signs attached to or painted on any sidewalk, curb, gutter, or street (except house address numbers). (Ord. 91500-A-129) (G) Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. (Ord. 91500-A-129) (H) Signs that move, flash light intermittently, change color or revolve unless specifically allowed by this Section. (Ord. 91500-A-129) (I) Off -Premise Signs except as otherwise allowed under Sections 29-3(2)(F), 29-3(2)(G), 29-5(5) and 29-7 (5). (Ord. 91500-A-129) (n Signs erected in the public right-of-way except as otherwise allowed under Sections 29-3(2)(F), 29-3(2)(G), 29-5(5) and 29-7 (5). (Ord. 91500-A-129) (K) Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign attracts the attention of or informs persons using the public right-of-way. (Ord. 91500-A-129) (L) Luminous Gaseous Tubing, except that within an enclosed building, behind glass and visible from outside only through a window. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 19% Edition '(Ord. 91300. Amended Through 91500-A-129) 84 AGG0M SECTION 29 - "SIGN REGULATIONS,, (M) A -Framed Signs (signs located in the back of a truck or other vehicle). (Ord. 91500-A-129) (N) Can signs made of plastic or similar materials, except those which are attached signs, as defined herein. (Ord. 91500-A-129) 4. Flans: All flags shall conform to the following requirements: (A) Nothing in this Section shall be construed to prevent the display of a National, State or City flag. (Ord. 91500-A-129) (B) A business may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the City. (Ord. 91500- A-129) 5. Obscenity: No person shall display on any sign any obscene, indecent or immoral matter. Any sign which contains any obscene, indecent or immoral matter shall be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. (Ord. 91500-A-129) 6. Obsolete Sins: All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or relocated shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which the sign is located shall be responsible for removal of the sign within thirty (30) days of obsolescence. (Ord. 91500-A-129) 7. Maintenance of Signs: Sign and sign supports shall be maintained in a state of good repair and neat appearance at all times. (Ord. 91500-A-129) 8. Graffiti: Graffiti is specifically prohibited within the City. The owner of property on which graffiti is located shall remove all graffiti with seventy-two (72) hours of notice. (Ord. 91500-A-129) 29-4 Provisions for Business Zoning Districts: Signs are permitted in any business zoning district subject to the following restrictions. 1. Signs Adioining Non -Business District Boundaries: Signs which are located within twenty-five (25) feet of a non -business district boundary shall conform to the requirements of non -business zoning district signs found in Section 29-5. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 85 AGG09009 SECTION 29 - "SIGN REGULATIONS" 2. Monument Signs: Monument signs are permitted in business zoning districts as follows. (A) Monument signs must be built on a monument base, as opposed to a pole base, with no separation between the base of the sign and natural grade. A monument sign shall contain only the name, logo, address, product or service of the establishment; and in the case of gasoline service stations only, the price per gallon of gasoline; and in the case of governmental and religious organizations only, information concerning forthcoming public events. No other advertising or promotional information is permitted thereon. Such sign may be single or double faced. Can signs made of plastic or similar materials are not permitted as detached (monument) signs. Backlit plastic is not permitted within detached (monument) signs. (Ord. 91500-A-129) (B) One monument sign is permitted on the premises as follows: i. On sites greater than two (2) acres in area Maximum size - 60 square feet Maximum height - 6 feet Minimum setbacks - 15 feet from street right-of-way - 75 feet from property lines other than those property lines fronting the street right-of-way ii. On sites two (2) acres in area or less Maximum size - 40 square feet Maximum height - 4 feet Minimum setbacks - 15 feet from street right-of-way - 75 feet from property lines other than those (Ord. 91500-A-129) property lines fronting the street right-of-way (C) Provided that the premises is not a corner lot, two monument signs are permitted on premises greater than two (2) acres in size having frontage on two (2) or more streets, as follows: Maximum size - 40 square feet each Maximum height - 4 feet each Minimum setbacks - 15 feet from street right-of-way - 75 feet from property lines other than those ZONING ORDINANCE CODE BOOK - 19% Edition •(Ord. 91300, Amended'11rough 91500-A-129) 86 AGG09M SECTION 29 - "SIGN REGULATIONS - property lines fronting the street right-of-way Maximum number of signs - 1 per street frontage Maximum total number - 2 (Ord. 91500-A-129) (D) Gasoline service stations shall mount price per gallon signs on monument signs only. (Ord. 91500-A-129) 3. Attached Signs: Attached signs are permitted in business areas in accordance with the following provisions: (A) Mounting: All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18) inches from that surface. (Ord. 91500-A-129) (B) Effective Area: Attached signs shall not exceed the following: i. For buildings and leaseholds with one front facade, attached signs located at a height of thirty-six (36) feet or less are permitted a maximum aggregate effective area equal to one (1) square foot per lineal foot of building or leasehold frontage, as applicable, or three hundred (300) square feet, whichever is less. (Ord. 91500-A-129) ii. For buildings and leaseholds with multiple facades, attached signs located at a height of thirty-six (36) feet or less are permitted a maximum aggregate effective area on any one facade equal to one (1) square foot per lineal foot of facade width and a maximum total aggregate effective area of two (2) square feet per lineal foot of building or tenant frontage, as applicable, or three hundred (300) square feet, whichever is less. (Ord. 91500-A-129) iii. Attached signs located at a height above thirty-six (36) feet shall be permitted an increase in maximum effective area. Such increase shall not exceed four (4) square feet of effective area for each additional one (1) foot of height above thirty-six (36) feet measured from the base of the sign. Such signs may be increased to a maximum effective area of four hundred (400) square feet. (Ord. 91500-A-129) (C) Canouies: Signs shall not be attached to canopies, e.g. gasoline service station canopies. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500. Amended Through 9150QA-129) 87 AGCi09M SECTION 29 - "SIGN REGULATIONS" (D) Industrial Zoned Property: Buildings located within an area zoned LI or HI are permitted to have attached signs as follows: i. Letter/Lopo Height and Effective Area: Wall Height Maximum Maximum Above Grade Letter/Logo Height Effective Area 0-50 feet 48 inches 200 square feet 50-100 feet 60 inches 250 square feet 100-150 feet 72 inches 300 square feet 150-200 feet 84 inches 350 square feet above 200 feet 96 inches 400 square feet (a) Horizontal and vertical signs shall not exceed seventy-five (75) percent of the wall width (or height, if vertical) of such building or store front. (b) One letter or one logo may be twenty-five (25) percent taller than maximum letter/logo height. ii. Maximum Number of Signs: One (1) sign per elevation per business. Rear wall signs are prohibited. (Ord. 91500-A-129) 4. Temporary Banner Signs: Banner signs shall be permitted subject to the following restrictions: (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going Out of Business" or similar message more than one time. (Ord. 91500-A-129) (B) During the initial year of operation, a business shall be permitted to erect one (1) temporary banner sign a maximum of four (4) times. Such signs shall be erected a maximum of fourteen (14) days for each permit except the initial sign may be erected for a maximum of forty-five (45) days. A permit shall not be issued within thirty (30) days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the ZONING ORDINANCE CODE BOOK - 1996 Edition •(Ord. 91500, Amended Tbrough 91500-A-129) 88 A SECTION 29 - "SIGN REGULATIONS,, date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed forty (40) square feet. (Ord. 91500-A-129) (C) A business that has been in operation for a period of one (1) year or more, and non-profit organizations, shall be permitted to erect one (1) temporary banner sign at an occupancy two (2) times per calendar year. Such signs shall be erected a maximum of fourteen (14) days for each permit. A permit, for such a sign, shall not be issued within thirty (30) days of the date that any temporary banners sign was erected at the occupancy. The effective area for such signs shall not exceed forty (40) square feet. (Ord. 91500-A-129) (D) New multi -family developments shall be allowed to display one (1) banner sign as provided in this Section. Signs shall refer to leasing information only and shall be removed within six (6) months of the date the permit was issued. Signs shall not exceed one hundred fifty (150) square feet in effective area. (Ord. 91500-A-129) 5. Window Signs: On any one facade of a building, the aggregate area of window signs shall be limited to ten (10) percent of the aggregate area of all windows within that facade. The outlining of a window on two (2) or more of any sides with lighting, luminescent gaseous tubing, or by any similar means shall constitute one hundred (100) percent of the total window area as a sign. (Ord. 91500-A- 129) 29-5 Provisions for Non -Business Zoning Districts: Signs are permitted in any non -business zoning district, and within twenty-five (25) feet of a non -business zoning district boundary subject to the following restrictions: 1. Illumination: No sign shall be illuminated in such a manner so as to produce intense glare or direct illumination across any property line. (Ord. 91500-A-129) 2. Monument Signs: Churches, model homes, apartments, town homes, schools or government facilities or buildings may have monument signs subject to the following restrictions: (A) Number of Signs: There shall be no more than one (1) monument sign on the premises, provided however, that where the premises has more than seven hundred fifty (750) feet of frontage along a public right-of-way, other than an alley, there shall be no more than one (1) additional detached ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Ameaded Through 91500-A-129) 89 AGGoM SECTION 29 - "SIGN REGULATIONS" monument sign for each seven hundred fifty (750) feet of additional frontage. Signs shall be a minimum of seven hundred fifty (750) feet apart. (Ord. 91500-A-129) (B) Setback and Effective Area: A minimum setback of fifteen (15) feet from the public right-of-way is required of all monument signs. The minimum setback for a model home sign shall be three (3) feet from the sidewalk. No monument sign shall exceed thirty-six (36) square feet. (Ord. 91500-A- 129) 3. Attached Signs: Churches, model homes, apartments, town homes, schools or government facilities or buildings may have one (1) attached sign subject to the following restrictions: (A) Mounting: All signs and their words shall be mounted to and parallel to the building surface to which they are attached. No sign or word shall project more than eighteen (18) inches from the surface to which it is attached. Signs shall not be mounted on or to the roof surface and support members and shall not project above roofs. (Ord. 91500-A-129) (B) Effective Area: Attached signs may not exceed thirty-six (36) square feet in effective area. 4. Temporary Banner Signs: New multi -family developments shall be permitted one (1) banner sign subject to the following restrictions: (A) Signs shall refer to leasing information only and shall be removed within six (6) months of the issuance of the permit; (B) Signs shall not exceed one hundred fifty (150) square feet in effective area; (C) Signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. (Ord. 91500-A-129) 5. Subdivision Signs: Developers and homeowners associations may erect subdivision signs on property located within non -business zoning districts subject to the following restrictions: (A) Subdivision signs must be either monument signs or attached signs placed on a screening or a decorative wall at the entry to the subdivision; ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500. Amended Through 91500-A-129) 90 AGOOM SECTION 29 - "SIGN REGULATIONS" (B) Subdivision signs must be approved by the Building Official; (C) The effective area of subdivision signs shall be limited to thirty-six (36) square feet. The effective area of subdivision signs shall be calculated by drawing the largest possible rectangle around the entire message of words including artistic designs and logos. (Ord. 91500-A-129) (D) Subdivision signs placed in the median are exempt from Section 29-3(3) (J). (Ord. 91500-A-129) 29-6 Non -Conforming Signs: It is the declared purpose of this Section that in time all privately owned signs shall either conform to the provisions of this Section or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the City. Any sign which does not conform to all provisions of this ordinance shall be either a non- conforming sign if it legally existed as a conforming or non -conforming sign under prior ordinances, or an illegal sign if it did not exist as a conforming or non -conforming sign, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed. (Ord. 91500- A-129) 1. Impoundment: Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance, except those signs allowed under Sections 29-3(2)(F), 29-3(2)(G), 29-5(5) and 29-7 (5), shall be construed a public nuisance and the City may, without notice, remove and impound any such signs. (Ord. 91500-A-129) 2. Removal of Certain Non -Conforming Signs: Non -conforming signs which have been blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign shall be removed or brought into compliance with this Section if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. No person may repair a non- conforming sign where the effect of such repair shall be to enlarge or increase the structure of the non -conforming sign. (Ord. 91500-A-129) 3. Recovery and Disposal of Impounded Signs: Impounded signs may be recovered by the owner within ten (10) days of the date of impoundment. Signs that are not ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91S00 -A-129) 91 AG009M SECTION 29 - "SIGN REGULATIONS" recovered within ten (10) days of impoundment will be destroyed. (Ord. 91500- A-129) 29-7 Provisions for Certain Temporary Signs: The following signs may be erected and maintained subject to the following restrictions: 1. Residential Property Sale and Rental Signs: The owner or occupant may erect non -illuminated real estate sale and rental signs and personal property sale signs in the required front yard of platted property zoned SF, 2F or TH until the ownership has been transferred or the property is leased. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the house, but no closer than three (3) feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least fifteen (15) feet from the edge of the street pavement. On lots that abut streets where sidewalks exist the signs shall be located no closer than fifteen (15) feet to any street pavement. Lots shall be limited to three (3) signs not exceeding six (6) square feet. No permit is required. (Ord. 91500-A-129) 2. Business Real Estate Signs: (A) Highway Frontage: i. Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121 or Interstate Highway 635 subject to the following restrictions. ii. Such signs shall not exceed two hundred (200) square feet in effective area, shall be located a minimum of fifteen (15) feet from all property lines and shall be limited to one sign per tract. Permits for such signs are limited to a period of one (1) year from the date of issuance. No such signs may be erected or maintained once seventy-five (75) percent of the property has been sold, rented or leased. (Ord. 91500-A-129) (B) Other Locations Requiring a Permit: i. Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH or 2F, subject to the following restrictions. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 92 AGG09009 SECTION 29 - "SIGN REGULATIONS,, ii. Such signs shall not exceed thirty-six (36) square feet in effective area, shall be located a minimum of fifteen (15) feet from all property lines, shall be spaced a minimum of fifty (50) feet apart along a lot frontage, and shall be limited to no more than four (4) signs per lot. Permits for such signs are limited to a period of one (1) year from the date of issuance. No such signs may be erected or maintained once seventy-five (75) percent of the property has been sold, rented or leased. (Ord. 91500-A-129) (C) Locations Not Requiring a Permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non -illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six (6) square feet and shall be located no closer than fifteen (15) feet from any property line. No more than one (1) sign shall be located for every two (2) acres in a tract of land or portion thereof. (Ord. 91500-A-129) 3. Subdivision Identification: Owners of property zoned SF, TH, and 2F may erect signs to identify new subdivisions, developers and builders, builders' phone numbers and new home price information. Only one sign per subdivision is allowed. Such signs shall not exceed thirty-six (36) square feet in effective area, shall be located a minimum of fifteen (15) feet from all property lines, and shall be limited to fifteen (15) feet in height. Permits for such signs shall be limited for a period of one year from the date of issuance subject to renewal upon approval of the Building Official. Such signs must be removed when permits have been issued for construction on seventy-five (75) percent of the lots within the subdivision. (Ord. 91500-A-129) 4. Temporary Construction Signs: One (1) temporary construction sign is permitted, except on property zoned SF, TH or 2F, designed to identify contractors, financier, architects, engineers or to advertise the coming of a new business on the premises on which the sign is located. Such signs shall not be erected prior to the issuance of a building or utility construction permit for the property on which the sign is to be located. The sign must be removed prior to the issuance of a Certificate of Occupancy or letter of acceptance of the utility construction work from the City. Such signs shall conform to the following provisions: Maximum effective area Maximum height Minimum setbacks ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 93 100 square feet 15 feet 15 feet from the street right-of-way AGG09009 SECTION 29 - "SIGN REGULATIONS" 5. Temporary Off -Premise Signs: Builders, developers and real estate agents may erect temporary off -premise signs subject to the following restrictions: (A) Builders and developers may erect temporary off -premise signs which refer to a subdivision. No more than ten (10) signs per subdivision may be erected. Such signs shall refer only to subdivisions located within the City. A subdivision shall be defined as a platted tract of land that is zoned SF, TH or 2F. Separate sections or phases of a subdivision shall not constitute a new and separate subdivision. Such signs shall not list or refer to any builders or developers; and shall be erected only between the hours of 12:00 noon Friday and 12:00 noon Monday. Such signs shall not exceed six (6) square feet in effective area and may be placed in the public right-of-way provided that they do not project out over the street or sidewalk. No sign shall be within any street median. No permit or fee is required. (Ord. 91500-A-129) (B) Real estate agents may erect temporary off -premise signs which refer to open houses within the City. Such signs shall be erected only between the hours of 12:00 noon Friday and 12:00 noon Monday and shall contain the words "Open House". Signs shall not exceed six (6) square feet in effective area and may be placed within the public right-of-way provided that they do not project out over the street or sidewalk. No sign shall be erected within any street median. No permit or fee is required. (Ord. 91500-A- 129) 29-8 Variances: The Board of Adjustment may authorize variances to the requirements of this Section. (Ord. 91500-A-129) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500. Amended Through 915WA-129) 94 ACYCYO 9 SECTION 30 "S" OR "SUP" - SPECIAL USE PERMITS 30-1 Special Uses: The City Council by an affirmative vote may after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Master Plan of the City and containing such requirements and safe guards as are necessary to protect adjoining property, grant a Special Use Permit zoning classification as an additional use in addition to the sue allowed under the basic zoning classification of the property. The application shall be accompanied by a site plan (see section 27) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets, the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. The Planning Commission or City Council may require information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. (Ord. 91500) 30-2 Special Use Permit Regulations: 1. In recommending that a Special Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off- street parking, protective screening and open space landscaping, heights of structures, and compatibility of buildings. (Ord. 91500) 2. Every Special use Permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premises, or land uses under the Special Use Permit is voluntarily vacated or if the ownership is voluntarily transferred, or if such buildings, premise, or land is more than fifty (50%) per cent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate Special Use Permit is granted for continuation of the use. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 95 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 3. In granting a Special Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Special Use Permit; and such conditions precedent to the granting of the certificate of occupancy. (Ord. 91500) 4. At the time of application, a site plan and architectural rendering will be required unless waived by the Director of Planning. (Ord. 91500) 5. A building permit shall be applied for and secured within six (6) months from the time of granting the Special Use Permit provided; however, the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. (Ord. 91500) 6. No building, premise, or land used under a Special Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Special Use Permit is granted for such enlargement, modification, structural alteration, or change. (Ord. 91500) 30-3 Use regulations: A building or premise used for any of the following purposes shall be permitted by special use permit only. 30-4 "A" - Agricultural District 1. Sand or gravel extraction or storage and other mining activities. 2. Country clubs or golf courses and related uses such as driving ranges. (Ord. 91500-A-91) 3. University, college or Parochial school and related facilities. 4. Sewage treatment plant. (Private operated.) 5. Broadcasting facilities including towers. 6. Camp grounds. 7. Carnival. (By resolution of City Council for specific time period.) 8. Construction office. (By authority of the building official for specific time periods. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 96 AGG09009 IN SPUT ZONING FRONT YARD REMAINS UNIFORM THROUGHOUT BLOCK SF SF SF I SF i C C C STREET FRONT YARD WHERE ZONING CHANGES IN A BLOCK FOUNDATI p "MAX. METHOD OF MEASURING FRONT YARD a' EAVES SPECIFIED FRONT YARD BUILDING LINE FOR ACCESSORY BUILDING ESTABLISHED BY STREET PLAT OR ORDINANCE FRONT I �— YARD STANDARD FRONT YARDS BOTH ' FRONTAGES ( I FRONT i .--- FRONT YARD I rand STREET DOUBLE FRONTAGE LOTS PROPERTY LINE 7 0 ui W cr CENTERLINE CURVATURE NOT LESS THAN 30 30' NOR GREATER THAN 22055' ORIGINAL 30' FRONT'.,-/ STREET YARD SETBt.:K LINE VI THE AVERAGE SETBACK LINE OF LOTS I - 10 SHALL BE 30' CALCULATIONS OF MULTIPLE FRONT YARD SETBACKS 10 Ms. MLN 11 ItEtwo Vim npl. go, 0 ORIGINAL 30' FRONT'.,-/ STREET YARD SETBt.:K LINE VI THE AVERAGE SETBACK LINE OF LOTS I - 10 SHALL BE 30' CALCULATIONS OF MULTIPLE FRONT YARD SETBACKS 10 FRONT • T • 901.01000 LINE • LOT I•IOTM • I I • 1 f I • (A) 11 LOT WIDTH FONT TARO 1,11L.OM/O LIN[ LOT WICT14 ' 1 1 • ce) 12 LOT AREA 8 DEPTH !TR[fT : I ` I • I • 13 YARDS !TR["T PROW T\Rp i • Yb POINT ON -*-IOT LIN[ 9 is BUILDING AREA ' c ••••--•--••••••••••••• •• RESIDENTIAL .� STRUCTURE N sox 0r TwS AREA WAY BE I COVERED BY I • STRUCTURE • ACCESSORY REAR YARD�� Bu1Lallo LINE NO ALLEY OR EASE• 14T Ifl BUILDING LINE LOT DEPTH IS A FUNCTION OF LOT WIDTH AND LOT AREA REQUIREMENTS LOT AREA IS CALCULATED EXCLUDING ALLEYS AND STREETS LOT AREA MAY INCLUDE EASEMENTS ON LOT STREET PROtMT TRAO • • ButlOwG AREA (� ............ 50% 0► THIS •••. . AREA MAY BE 7 COVERED BY STRUCTURE ACCESSORY R1rAR YAl10 BUILDING • • LINE TV 10 STREET I 1 of I ALLEY 11 LOT WIDTH FONT TARO 1,11L.OM/O LIN[ LOT WICT14 ' 1 1 • ce) 12 LOT AREA 8 DEPTH !TR[fT : I ` I • I • 13 YARDS !TR["T PROW T\Rp i • Yb POINT ON -*-IOT LIN[ 9 is BUILDING AREA ' c ••••--•--••••••••••••• •• RESIDENTIAL .� STRUCTURE N sox 0r TwS AREA WAY BE I COVERED BY I • STRUCTURE • ACCESSORY REAR YARD�� Bu1Lallo LINE NO ALLEY OR EASE• 14T Ifl BUILDING LINE LOT DEPTH IS A FUNCTION OF LOT WIDTH AND LOT AREA REQUIREMENTS LOT AREA IS CALCULATED EXCLUDING ALLEYS AND STREETS LOT AREA MAY INCLUDE EASEMENTS ON LOT STREET PROtMT TRAO • • ButlOwG AREA (� ............ 50% 0► THIS •••. . AREA MAY BE 7 COVERED BY STRUCTURE ACCESSORY R1rAR YAl10 BUILDING • • LINE TV 10 14 I � i STREET - FRONT YARD % 25, MINIMUM i +- --I - THIS BUILDING LINE MAY BE VARIED Q) I FROM FRONT YARD STANDARD IF Q' APPROVED ON PLAT BY CITY PLANNING AND ZONING COMMISSION PROVIDED THIS DISTANCE IS NOT REDUCED TO Z LESS THAN 25 FEET 15 FLOOR AREA RATIO EACH CRAWA Iiia mA$s noel AWA RKM OF Oil l A —•'a•• •rte �.w �• •'ri i�� 'i.• .., r „• • • �•r•.• '•••`i.. _..•. .. .• .. �+ ::- �;.:i� :r,=: T ;.fir'- ��iy• .( � _.*'�•._ ' ,� '- .s , .,r.%; •.'.�;r.1+f..�.=t •a. :t•:! � �'I ar: '�'."Y: r.rY ,.:L N' ` • �•y -- .� .:=.....' nit ;M :�7a•:Cya.:r� `_....��r:• �•.s:L"�:•• .`-a .r. �yJ-.-•i: ••t�_, �• r •• ^`c ':!_ti. -r.• - •. .l i�;!t• .:ice 1�•:•rgi.�-.,r tom•, •r.. ♦.: �, 1�r.11N'f.•i;I-''�' .w.t� .��•♦Y i. '�•�..^�•�:.:�• � �t''�.� •.v •'alt�'4i.�'i!r`.:'�•. ".: .. .';moi.• «' i._ ..• �_= ;�.;: '.' .R • . �,�,h• ,�tY. +'�C .7 M 4.t:.r� �•'`' � V�"•� •+. - t..:•►��;•: G•,� � •. �� r.. _��J.'y,� - it• i�'i,S„}!l•+.�w• ��, 'Ay .x `t+yr•'. rya::: .•.t' i•:� s•1`•.�.,.i ..•sem r J �N;,r;i'�;,:'►ti+'!=t=a�'��+r!"Yr. t ',� ��' a-�� /•� s�� •~Cay /.+a tL`t' t'r•'-~�•� �~ t'.,,T t�•�. �.� •' •. .ti'f.Lw�'wt'�C.•�.••yi• •.•...%. �`«:� \.. �'a `�:1 •�: Va` �,y7L •'. i:•�•i •�C.• ;�- •i'>• : ,• .tet ►1♦ ; ��. � �- J� :.. 'tti '.�y�'s:�yi;'•��•``+:a?i..+ tom'. a!y,�•.L+�S,�•t j.'.rp='r.��.'••'••1,�,,,•'j'.,'�.�,'•• ! :y •.• �ht�,, ��-f' (' •� 1%y:'t.� - ;.� .. `+2• {•.. �.. .r,�W iir t'�:taa.• iS l� = .'�• t -•��• w.�a" •C•'y�•It�';.►`�..�'fv.,y •'��:f•�''��;��'.~ii^77•. �w.4:S'yw•.�a, f��w •, :.��,. �' :h, :�•,•t••' y+C •t ♦ ti • ��v �.i Ctr ��r a �`rrt 4 N.y ..•M�+•':.i �"�� i 1, •;h 7 •r-: 1 �;t •i•. -t.,y � ••o :„,• r.. � :_A v •f..• S'.j'j .. �f'♦ ' ...�• �A •� • _ • . S �'fy �: a � �.,.}:�1t.:♦•• . •��•• 'M•, .�„fir• J: . Typical sign face MONUMENT SIGN enclosed by a rectangle determining effective area. A x B - effective area Al TA2� 81 Eff6 6t: 'A � r ,_ Individual words enclosed ATTACHED SIGN by rectangles deterr.lining effective area. (Al x B1) + (A2 x B2) = effective area 16 -• - �� :, i ..ham ��n.�, i� ` � 4'.:�'�Lw_ ,.,r)A W_ iiJJ1 M�i f�l`.� /�• .www OL lj� ruts %. i _ !''r s{��4Wo•'M.�swil �•�,-.l�-ya��l .�j�,....¢�-a/� 'T��r h "moi, is K't,�i .,�ji'-,* - 'r ' �I =Yy C,�•��'.ti��'S +M -�. �. iy✓r> ` y.' PY " �aGLt��.�_�,��C' „� � � � =ti: � r+r c"'• :r T� L ! �c '' r�C I1161, 4 : .yam - r.•._ - - :•t .. ^s'' ;, �-^. r •- � ., �� 1N•v J� '�� J �..v i' �- � y��; :` ��K1iC".�� IJP' :.� i�>7M � i--�. itir' 7-• ;� IZ.�'_i-'i.. , !��,Sr�L�`.�i�.L�+-, ' � .-ii�ii��i�inn � .-.rte;. ��r•}`�i� �.+ USE CHARTS The following use charts are provided as a convenience. They are not a part of the Official Zoning Ordinance. Verification of permitted uses in the official district regulations is required. x = permitted use S = permitted by Special Use Permit UNOFFICIAL USE CHART Page 1 S S F F FS S S S 2 T T M M E 1 1 F F F F H H F F M H T L H F ..:yf�;•}•1.,..;f y i aI I�i:NF. pp��♦♦...v..: ..•:.v:. m:{{}:i:.. �ti1v�... , 'i: .. •.v:::.vw:n•:.v:nw::: nvw::::.:v:wKv:.}Y.J:i•:t .., Single -Family Dwelling A D 8 2 9 7 0 9 v:x::::...:::::::::{i}•:}.:t•:v,vv}n^:.{{•}:vJ:.v. ;.}. vvw::: :::. ... ..i:n... n.. ...Y. ^nv ....r: : n........... v.... ............ ..:•: •::::::::.: ..:..; w: ..;,v:t.::: }::.,,.. ..:.. S ::ii• .; f:. ...:. ...... v: .,.}}•: •.v: nv: •.v:ry;.v.}v;::: w:vn....... vv.. n... .rx).n...v.. n{�•... .�. .. v. v.f;jvv +rwn, f.+i:i:::'v. x:.v. x:.+.J.-.{ti.::'::::::ia't: x x x x x x 1 ...?..}, .•....,� 2 1 2 ...... Y\:::.. :. ..... ...:nih.t:<•::::::;:•:::..;-m::::2}}} ................. lt::.::4G ;vi`{L:>ti H mm�:•: ♦.... q} i'iLk':'r:S�:.xi':vi-:?:}:T:'v:::i}:;}:::i':j'}}{k:}'}}}••}:itiv::•iiiY:}?t}}: 0 ..:.:..:.n"""'"..,x. R C v•:xn xx::: {vvv::v.:v.:v'iY ....:................... C C x::: rf v:.vv. f i;ti::.:iw::-..y:}}:n........,r,{p:?•: ""'-" K"-":.:,:•n-`''``,�:: 0 -Lot -Line Single -Family Dwelling x 2 -Family Dwelling (Duplex) Townhouses Multi -Family Dwellings Boarding & Rooming Houses x x x x x x x x x x x x x x x x x x x x x Manufactured Home Park x *{{:.•��-:J{T}}:x..1��"0 ......... .:.••na..}ti.j.:•. y.:;.y•Y?:......>:.:..•:}..:..:..:::.:..•: ..r}•:....\:...:..:..:..a.•:..r. : {{: .••.:.av•:.:..a....•:....v.:....vL. r . }•}.v..n.;.: }v..••t...}•`.}:...},..:...:::..........a....: Lv.S..:.i....{...•::....:'.$.. :.ri.i..:ir kx{•%n•;:.{..:...J..::..<a.:.:. v•{.•:}:ir::.•.:.:3..:f:..}::..i•.:.:.vi..•: r.i4:{.:{..•a::n:.:.�.:.:?.n.+•...x}.:..: Property Leasing & Management Office Laundry & Storage Rooms for Residents Amateur Radio Operation s •.:.•:..{{.n..i?.v:•.:t'n::.:..::.:;}. }n.:n.:..::::v:::.: n::J::v.:i..i.:.v.:i:v:v..'w-.Y:.}i..:iu.:.t.:.iv.n}...:�:.•r:{:}:•:i.v:.::., n+n.•t:::.:.v:}:.}Jx.rv:.•'.:{::ti.:n:L•.:}:v.r:t..:nv}•}..::.{.:v::,'�..:iv':w x x x x X x .``'' :::::.•}:}:.:x.v'`•}�.J::..:.v'.�va:.x:::}.•'}:.::::{.•"n}:�.::v. {:•:A:.•ii •.:• :":L.i:.:,v}nt:: i•::'i�:�x?:.{Y4.}{-.::'.:•}i}:v::{,{•.}r{{'•••}�}::: x i:ia::•i•}: �?}+:i.•.v}:i.i:i.a :::i-,}:iaY}:.}::Y:: •:tv::•f}::Y::'}:Y:::r:"::rv::'::.i°:•}: x Private Non -Commercial Stables x x x x x x Greenhouse & Nursery for Private Use x x x x x x Farms for Private Use (# animals limited) x x x x x x Temporary Real Estate Sales Office x x x x x x Temporary Construction Office s Home Occupation Ix Incidental Retail & Service Uses Self -Storage Warehouse Manager's Residence x x x x x x x x x x x x x x x x x x s x s x s x x x x x s s s s s s s -.}}vat{•>.};.{:kms+\{::i{iti \:�iv1\vlC,.'�.,; \{�C•tikti. 1,�.vr;t„}'•{'4;'.p•.t\. iN{i':.h Xm.:. }wC, k+'.v}}v .. p 'tr .",,vr�• h..v'•i :ti •,'i:}.}.:•.:,vv::. •.i .. \':v. �yri.�..iS;:::. •v .Y,.'Q .4.. CCom�. ti � .: •.v..: vvv', •'.• i.: •' .?; v . •\::.: }. •:: i}nv. • v.,A:i} i{?:i�' .v :.ii :::::{�'r{:{{.i.., iY12t7.iFAlIiSR1=1 ..\i•} h .:v. 4:iJ:: •'?... .n. J... }.. v..: i{. ...:: n ::•:.G •.........} :::::::::.:v::::: x::nv:: x: nvvn:vvvvv .:. r:., p .J:\\�':};: i�v ••....... •:}}}h......., }}:::.v....{... n....., m? : :.v:.v ... ..... .v.......v..:.. :v..,�l.v�$Jfi \4•iv.:.n.. nv.m:.•: v:: n.:.vn\v.. . v�;....: .. : :. x:�::..}}..:n •ii��:n:;.\:Yts:?•}:?.:i•}:ti:•:•}i'�t.}...}::...}..}:i :. ••: f:.}:•}'•}:t: }}}v}.•: •.... .....xv .;;v.•: •.v x.n ...:.:v Stucco construction s s s s s s s } K..v •:.M1v::}:ry: s .}}w v •. ri.+iii .. h:. ,•`,•4 y::i.S:•} .. }... v x.:w: n....n:vb}}::.v.}.......vv..... vv: .... ..... \ .}:: }. v. n:: •::.�v:::•:6wi:'\rii}}vi.{};:: s s s} .. :: .}v:}::v .v ...iv:'•:v:::??.� s {r.Yn.vry}}v}, .. a:...... x:: v,. v.. r.. w.v. ••xavv tv}::{.}v}}:::i:1-::.v:.:::w:::vv. {{•}} h?vtiiiii:::}}:$:iv v: nvv. nv x.. vvvn}-•. ......�.::.•::.v::; .....v-. ..: Y::}JL•) iiiii:::::i:i ii}iiGt{'{}}:i.; {.:.v::: S n:..:�:{t�:.>:,Hx{:{.w}: n. t.•i;x jj� •}vvv:..! :�.r f : if.}.•. :?':i:?::ii• v;.}:{GVn}v\.{{{.v{.}:. .{.s.\ }xx ...a ..:..veva }:.::a..::: n......... ........v..v.... ... :i.%+J: ...... ..a.v:::..v..an;•:::vnaaa•. v.f ..}.:. ...W.� ONE!' n::f:v{.Y',:.::.}:'{<::.::::{.r:.<:::<}::.it<:.<::}:.:i:::'<:r::;::::�:::<:?•�:>:<<s>::::>{<::»::::;;;::isz::�i::«::�::;._._:;:::>�:<:«:::: Farm .: Farms Ranches ches x x x x x x Community Buildings x x x x x x x x x x x x x x x Recreation Areas x x x x x x x x x x x x Public Libraries x x x x x x x x x x x x x x Public Schools x x x x x x x x x x Churches x s s s s s s s s s s s s x x x x x Public Museums x x x x x x x x x x x x x x Private Museums x x x x x x x Public Auditoriums x x x x x x Police &Fire Stations x x x x x x x x x x x Golf courses & Driving Ranges s s s s s s s s ss s s s x x x x x University &College s s s s s s s s s s x x x s x x x x Parochial School s s s s s s s s s s x x x s s x s x Cemetery s s s s s s s s s s s s s s s s s s Charitable Organizations s s s s s s s s s s x x x x Lodges & Fraternal Orders s s s s s s s s s x x x x x x x x Public Zoo I I s s s s s x Gun Club & Shooting Range s Heliport s s s s s Public Airport s s s s s x Private Airport s s s s s s s s s s s x x x x x x x x x x x x x x x x x x x x x x x x x s s s s x x s s s s s s s s s s s Page 1 Telephone Exchange Public Sewage Treatment Plant Water Treatment Plant Water Supply Reservoir, Pumps & Towers Private Sewage Treatment Plant Electric Substation & Transmission Lines Other Public Utilities Radio, TV & Microwave Receiving Dish Broadcasting Facilities & Towers Post Office Telegraph Office Professional & Administrative Offices Business & Trade Schools Business Support Services Communications Services Financial Services Personal Improvement Services UNOFFICIAL USE CHART Page 2 OEMMMEM■E©©©©©©© MMEEMEMMEMEE©©©©©©© EMMEMEMEMMMM©©©©©©© ME NMMMMEMMMMMM©©©©©©© ME n MMMMMMMMMM1WM©©©©©©© nM ;Motorcycle Sales & Sery ice EMMMMMMMMMMM©©©©©©o nM Page 2 Retail Sales of New Auto Parts No Automobile Repair Garage ME ME n nM ;Motorcycle Sales & Sery ice nM Truck Ren Tire Dealerships nnM Bus Te—rWi7n—a-1 ME ME nE Commercial Parking Lots ME nE Commercial Park ges EWE nE TrucknnM Sales MEMEWOMM©m©©m L�V, MM--MEMMEMMEMENEMME©©E©©E Page 2 UNOFFICIAL USE CHART Florist without Outside Storage s ........................::::::::.....:.::::::::: Florist with Outside Storage s x x x x x x x Commercial Greenhouse & Nursery x NO MEN nn Barber & Beauty Shops I ME NONE nn Drug Stores & Pharmacies x x x x x x x Grocery & Convenience Stores x x x x x x x Janitor Service s s s s s s Retail Jeweler s s s s s s Photography Studio s s s s s s ss Television Studio s s s s s s Motels & Hotels s slsixlslslsls Consumer Repair Services MEN ON MEN Personal Service NO MEN nn :Pet Services ME NONE nn MEN No Indoor Retail Sales of New Merchandise'Film ■■■■■■■■■■■■■nnnM nnM Developing & Printing ■©©©©©©M nnM Furniture Sto es ME nnM nE ':Hardware Store ME nN Retail Print Shop ME ON ME n Retail Meat Market ME nnn n No nM nM ME a nE iRiding Academy nnno ©©©M ®---©©©©©©©©©©©©©©©©©©©©■ NEW MEMMEME©©©©©©©o .........■...■©©©©©©■ nnn _ME • ©MMMMMMMNONEMEMEMEM • • • --©.......-..■...-©-©©- Motels & Hotels s slsixlslslsls Page 3 1. 14SLYj :Mrs MEN nE NONE MEN No nnM nnM nnM ME nno MEN nM a nnno ©©©M MEMMEME©©©©©©©o nnn _ME •---�=MMMMMMMMM©©©©©©©M �MMMMMMMMMMMMMMMMM©©N Page 3 UNOFFICIAL USE CHART Page 5 S S S F F F S S S 2 T T M M E 1 1 F F F F H H F F M H T L H F :::>::::;:::>::::>:<>.::«;:;::<::.;»<:::•:::::::.... ...>:.r,.;:.:::r.;:.;::.:.:::.:.::::::.:: A...:: *D 8 2 9 7 0 9 1 2 1 2 H O Indoor Manufacture & Industrial Plants :•.::::.::.:< ...:...::.....::.:.:•.:::::.>:.::::: •, :.:.4;•:..:�:w:::; :<.:< Laboratory x x x x x x x x x x Instrument Testing s s s s s x x Electronic Manufacture Candle Manufacture Candy Manufacture Fur Goods Manufacture Instrument Manufacture Apparel Manufacture s s s s s s s s s s s s s s s s s s x s s x s x s s x s Bottling Works x x Carting, Express, Hauling &Storage Yard x x Contractor's Yard x x Cosmetic Manufacture x x Pharmaceutical Products Manufacture x x Recycled Glass Products Manufacture x x Household Appliance Product Assembly x x Musical Instruments Manufacture x x Manufacture of Products made from Plastic x x Athletic Equipment Manufacture x x Housing Prefabrication x x Lumber Mill x x Petroleum Extraction s s Mining Activity s s Petroleum Product Storage s s Planing Mill ss Printing Plant Coal, Coke or Wood Yard s s s s Temporary Batching Plant s s s s s s s s Ice Manufacture s s s Page 5 SECTION 30 - "SPECIAL USE PERMITS" 9. Cemetery. 10. Charitable organizations other than churches. 11. Batching plant. (Temporary.) 12. Day nursery or camp. 13. Dirt storage or sales. 14. Electric substation, transmission line or other public utilities. 15. Florist, retail. 16. Garden or farm equipment sales. 17. Gun club or shooting range. 18. Heliport or helistop. 19. Hospital. 20. Ice Manufacturer. 21. Kennel inside or outside. 22. Parking lot. 23. Rodeo arena. 24. Stadium public or private. 25. Public zoo. 26. Airport public or private. 27. Amateur radio operation or other receiving device for vocal or visual communications. 28. Outdoor commercial amusement. (Ord.500-A-91) Above section (Ord. 91500) except where noted. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 97 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 30-5 "SF -ED" - Single Family Estate District: I. Airport. (Private) 2. Cemetery. 3. Charitable organizations. 4. Lodges and similar public organizations. 5. University, college or parochial school and related facilities. (Public or Private) 6. Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 7. Day Nursery or day care. 8. Public utilities such as electric substation and transmission line. 9. Hospital and related uses. 10. Post Office. 11. Riding Academy or other equestrian related facilities. 12. Sewage treatment plant. (Private) 13. Stadium. 14. Stucco type construction. 15. Temporary batching plant for any period in excess of 90 days. (Ord. 91500- A-123) Above section (Ord. 91500) except where noted. 30-6 Single Family -18 (SF -18) Single Family -12 (SF -12) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 98 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" Single Family -9 (SF -9) Single Family -7 (SF -7) Two Family -9 (2F-9) Town House 1 (THE -1) Town House 2 (THE -2) Multi -Family 1 (MF -1) Multi -Family 2 (MF -2) Manufactured Home (MH) 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. University, college or parochial school and related facilities. (Public or Private) 5. Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 6. Day Nursery or day care. 7. Public utilities such as electric substation and transmission line. 8. Hospital and related uses. 9. Post Office. 10. Sewage treatment plant. (Private) 11. Stadium. 12. Stucco type construction. Above section (Ord. 91500) except where noted. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 99 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 30-7 "O" Office: 1. Airport. (Public or Private) 2. Broadcasting facilities, Radio, television or micro -wave tower. 3. Cemetery. 4. University, college or parochial school and related facilities. (Public or Private) 5. Electric substation, transmission line or other public use utilities. 6. Exhibition Hall 7. Carnival. (By resolution of City council for specific time period) 8. Fair grounds. 9. Motel or Hotel. 10. Nursing home or home for the aged. 11. Instrument testing. 12. Janitor service. 13. Jeweler, Retail. 14. Laboratory. 15. Movie theater. 16. Night club. 17. Photography studio. 18. Rodeo Arena. 19. Service or Gas station. 20. Stadium. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 100 A0009009 SECTION 30 - "SPECIAL USE PERMITS" 21. Television studio. 22. Zoo (Public) 23. Incidental retail and service uses. 24. Mortuary or funeral parlor. 25. Institution for care of alcoholic, narcotic or psychiatric patients. 26. Restaurant, or Private Club. I Above section (Ord. 91500) except where noted. 30-8 "R" - Retail 1. Airport. (Public or Private) 2. Automobile Repair Garage. 3. Broadcasting facilities, Radio, television or micro -wave tower. 4. Cemetery. 5. University, college or parochial school and related facilities. (Public or Private) 6. Candle manufacturing. 7. Candy manufacturing. 8. Carnival. (By resolution of city Council for specific time periods.) 9. Electric substation, transmission line or other public use utilities. 10. Fair grounds. 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 101 A0009009 SECTION 30 - "SPECIAL USE PERMITS" 14. Instrument manufacturing or testing. 15. Motel or Hotel. 16. Pawn shops. 17. Nursing home or home for the aged. 18. Movie theater. 19. Night club. 20. Rodeo or other sports arena. 21. Telegraph office. 22. Zoo. (Public) 23. Indoor amusement. (Video games) 24. Gasoline service stations, provided that the activities permitted do not include major automobile repairs, storage or dismantling of motor vehicles for sale. 25. Bowling alley. 26. Restaurant, or Private Club. 27. Any permitted uses allowed within the "O" Office Special Use Permit Section. (See Section 30-8) Above section (Ord. 91500) except where noted. 30-9 "HC" Highway Commercial 1. Airport. (Public or Private) 2. Automobile sales or rental. 3. Automobile Repair Garage. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 102 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 4. Amusement activity (indoor or outdoor). 5. Bus terminal. 6. Electric substation, transmission line or other public use utilities. 7. Fair grounds. 8. Gasoline service station. 9. Grocery and convenience stores. 10. Indoor sports; recreation and entertainment. 14. Institution for care of alcoholic, narcotic, or psychiatric patients. 15. Laboratory. 16. Motorcycle sales and service. 17. Office warehouse. 18. Private Club. 19. Radio broadcasting towers. 20. Television studio. 18. Rodeo or other sports arena. 19. Trailer rental. 20. Zoo. (Public) 21. Any permitted uses allowed within the "O" Office and "R" Retail Special Use Permit Section (See Section 30-7 and 30-8). Above section (Ord. 91500) except where noted. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 103 A0009009 SECTION 30 - "SPECIAL USE PERMITS" 30-10 "C" Commercial 1. Airport. (Public or Private) 2. Automobile Repair Garage. 3. Boat storage. 4. Butane storage and sales. 5. Candle manufacturing. 6. Candy manufacturing. 7. Cemetery. 8. Electronic manufacturing. 9. Grocery and convenience stores. 10. Electric substation, transmission line or other public use utilities, 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Instrument manufacturing or testing. 15. Motel or Hotel. 16. Pawn shops. 17. Nursing home or home for the aged. 18. Movie theater. 19. Night club. 20. Rodeo or other sports arena. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 104 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 21. Telegraph office. 22. Zoo. (Public) 23. Indoor amusement. (Video games) 24. Gasoline service stations. 25. Bowling alley. 26. Restaurant, or Private Club. Restaurant (drive-in type). 27. Kennels (Outside). 28. Motor freight terminal. 29. Moving and storage company. 30. Open storage. 31. Pawn shop. 32. Motion picture theater (Outdoor). 33. Auto laundries or car wash. 34. Automobile, truck or mobile home display or sales. 35. Indoor sports, recreation and entertainment. 36. Commercial amusement (indoor or outdoor). 37. Convenience warehouse ("Mini -warehouse"). 38. Any permitted uses allowed within the "O" Office, "R" Retail or C" Commercial Special Use Permit District See Section 30-7, 30-8, 30-10 and 30-11. Above section (Ord. 91500) except where noted. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 105 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 30-11 "TC" Town Center 1. Cemetery. 2. College, university, or parochial school and related facilities. 3. Electric substation, transmission line or other public use utility. Above section (Ord. 91500) except where noted. 30-12 "LI" Light Industrial 1. Airport. (Public or Private) 2. Arsenal. 3. Cemetery. 4. Electric substation, transmission line and other public use utility. 5. Gravel, sand stone or petroleum extraction. 6. Gun club or shooting range. 7. Lumber mill. 8. Other mining activities. 9. Petroleum products storage. 10. Planing mill. 11. Printing plant. 12. Rooming house. 13. Coal, coke or wood yard. 14. Concrete or asphalt batching plant on temporary basis for any period in excess of 90 days. (Ord. 91500-A-123) 15. Drive-in theater (Outdoor). ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 106 A0009009 SECTION 30 - "SPECIAL USE PERMITS" 16. Adult Uses (Adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios. 17. Gasoline service stations. 18. On -premises residential use by management personnel in connection with a convenience storage or "mini -warehouse. (Ord.91500-A-56) Above section (Ord. 91500) except where noted. 30-13 "HI" Heavv Industrial 1. Airport (public or private). 2. Acetylene gas manufacture or storage. 3. Acid manufacture. 4. Alcohol manufacture. 5. Ammonia, bleaching powder or chlorine manufacture. 6. Arsenal. 7. Asphalt manufacture or refining. 8. Blast furnace. 9. Bag cleaning, unless clearly accessory to the manufacture of bags. 10. Boiler works. 11. Brick, tile pottery or terra cotta manufacture other than the manufacture of handcraft of concrete products. 12. Candle manufacture. 13. Celluloid manufacture or treatment. 14. Cement, lime, gypsum, or plaster of paris manufacture. 15. Central mixing plant for concrete mortar, plaster, or paving materials. 16. Coke ovens. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 107 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 17. Cotton gins. 18. Cotton seed oil manufacture. 19. Creosote manufacture or treatment. 20. Disinfectants manufacture. 21. Distillation of bones, coal or wood and glue manufacture. 22. Exterminator and insect poison manufacture. 23. Emery cloth and sand paper manufacture. 24. Explosives or fireworks manufacture or storage. 25. Fat rendering. 26. Fertilizer manufacture. 27. Fish smoking and curing. 28. Forge plant. 29. Gas manufacture or storage, for heating or illuminating. 30. Gasoline service station. 31. Glue, size or gelatin manufacture. 32. Hatchery. 33. Iron, steel, brass or copper foundry or fabrication plant. 34. Junk, iron or rag storage or baling. Metal or aluminum exterior siding on buildings. 35. Match manufacture or processing. 36. Oil cloth or linoleum manufacture. 37. Oiled rubber goods manufacture. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 108 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 38. Paint, oil, shellac, turpentine or varnish manufacture. 39. Paper and pulp manufacture. 40. Petroleum or its products, refining or wholesale storage of same, and bulk tank storage. 41. Pickle manufacturing 42. Planing mills. 43. Potash works. 44. Pyroxline manufacture. 45. Rock crusher. 46. Rolling mill. 47. Rubber or gutta-percha manufacture or treatment but not the making of articles out of articles of rubber. 48. Sauerkraut manufacture. 49. Salt works. 50. Shoe polish manufacture. 51. Smelting of tin, copper, zinc, or iron ores and other metals. 52. Soap manufacture other than liquid soap. 53. Soda and compound manufacture. 54. Stock yard or slaughter of animals of fowls. 55. Stone mill or quarry. 56. Stove polish manufacture 57. Tallow grease or lard manufacture or refining from or of animal fat. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended %ough 91500-A-129) 109 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 58. Tanning, curing or storage of raw hides or skins. 59. Tar distillation or manufacture. 60. Tar roofing or water proofing manufacture. 61. Tobacco (chewing) manufacture or treatment. 62. Vinegar manufacture. 63. Wrecking and junk yards, only on the condition that the premises upon which such activities are conducted are wholly within a building or by a solid fence no less than eight (8) feet in height. 64. Yeast plant. 65. Salvage or reclamation of products. 66. Auto wrecking yard. Above section (Ord. 91500) except where noted. 30-14 BUSINESS PROPERTY WITHIN RESIDENTIAL STRUCTURES 1. The term "business property with residential structure" as used herein shall mean any tract or property which is "zoned for a business use" on which there exists a residential structure which was in existence at the time the property was zoned for business use. (Ord. 91500) 2. The term "zoned for business use" as that term is used in the definition of "business property with residential structure" shall mean any zoning classification of the Comprehensive Zoning Ordinance which permits a business or commercial use including the O, R, C, LI, HI or any business classification within any PD district. (Ord. 91500) 3. RESIDENTIAL STRUCTURES DEEMED CONFORMING Any residential structure located on property defined as "business property with residential structure" shall be considered a conforming structure as opposed to a nonconforming use. Such conforming status shall continue so long as the residential structure is used for residential purposes, and during such period of residential use, the property shall be governed by the regulations ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 110 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" of the residential zoning classification, as amended, that existed at the time such property was zoned for its business use. (Ord. 91500) 4. WHERE STRUCTURE IS USED ONLY AS A RESIDENCE Any residential structure located on property defined as "business property with residential structure" being used only as a residence will not be required to obtain a special use permit to continue such residential use but will not be permitted to start using the residential structure for a business use without first obtaining a special use permit. (Ord. 91500) 5. WHERE STRUCTURE IS USED ONLY FOR SPECIFIC BUSINESS Any residential structure located on property defined as "business property with residential structure" which on the effective date of this ordinance is being used for a specific business purpose and not a residential use must hereinafter obtain a special use permit under this section for the specific use being conducted in such a structure. Upon proper proof of the existence of such a business use may not be changed or the structure converted to a combined residence with the specific use without a new special use permit. (Ord. 91500) 6. WHERE STRUCTURE IS A COMBINED RESIDENTIAL AND BUSINESS USE Any residential structure located on the property defined as "business property with residential structure" which as of the effective date of this ordinance is used both as a residence and for a specific business use must obtain a special use permit for such combined residential and specific business use. Upon proper proof of the existence of such a combined business and residential use as of the effective date of this ordinance, the special use permit shall be granted, but once granted the specific business use may not be changed without first obtaining a new special use permit. (Ord. 91500) 7. The residential structure located on property defined as "business property with residential structure" may in any case be taken down or removed and replaced with a conforming commercial structure without the necessity of obtaining a special use permit and thereafter such property shall be governed by the regulations of the business zoning classification of such property. (Ord. 91500) 8. A use which would be a "home occupation" under the Comprehensive Zoning Ordinance shall not be considered a business use which will have to obtain a special use permit unless otherwise required to do so by the specific regulations. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 111 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 9. The owner of any property who is required to obtain a special use permit pursuant to the provisions of this section and who files application for such special use permit on or before January 16, 1987, will not be required to pay the usual zoning change filing fee. Any applicant applying for such a special use permit after January 16, 1987 shall pay the application fee. 30-15 CHURCHES IN ANY DISTRICT 1. CHURCHES A church may not be excluded from any zoning district within the City, therefore the Special Use Permit required by this ordinance may not be denied. In the issuance of such special use Permit, there shall be imposed only those reasonable special conditions or regulations necessary to protect the health, safety and general welfare of the community. Off-street parking shall be regulated by Section 31-6(4) of this ordinance. A site plan may be required as a part of the application for this Special Use Permit and unless modified by approval of a site plan adopted as a part of the ordinance granting the Special Use Permit, set back and other such requirements shall be governed by the regulations of the basic zoning district, and the structural requirements shall be governed by the existing ordinance of the City. All churches in existence at the time of the adoption of this amendment shall be considered as conforming uses under Special Use Permit in regard to all church facilities in place of the effective date of this amendment. Once a church has received a special use permit it will not have to obtain another special use permit to expand church facilities within the church property. Church use shall be permitted in any Commercial Zoning District without a special use permit. (Ord. 91500) 30-16 RESTAURANT A restaurant, as that term is used in this section, shall mean any establishment or club that provides regular food service to the general public or to club members and their guests. (Ord. 91500) A restaurant shall be permitted only by Special Use Permit in the "O" Office, "R" Retail, "HC" Highway Commercial, "C" Commercial, "TC" Town Center, "LI" Light Industrial or "HI" Heavy Industrial Districts, or by Special Use Permit ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 112 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" within such districts which are a part of a Planned Development District. Provided, however, this provision notwithstanding, a Special Use Permit for a restaurant may be permitted on property zoned Single Family Residential with a Special Use Permit for a Golf Course and Clubhouse. (Ord. 91500) 1. SPECIAL CONDITIONS A Special Use Permit for a restaurant, if granted, shall be subject to the following special conditions and such other conditions as may be incorporated in the ordinance granting the Special Use Permit: A. A restaurant shall not be located within three hundred (300) feet of a church, public school, or hospital. This provision shall not apply to a restaurant located in a strip shopping center. (Ord. 91500) The measurement of the distance between a church or hospital and a restaurant shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between public schools and a restaurant shall be from the nearest property line of the public school to the nearest doorway where the public may enter the restaurant, along street lines and in direct line across intersections. (Ord. 91500) This provision does not apply to a "restaurant" located within a church, public school, or public hospital; or to convenience stores, golf courses, hotels, motels or grocery stores, where the sale of food is for the convenience of the patrons of that establishment and is incidental to the primary source of revenue. (Ord. 91500) B. A restaurant shall derive at least 60% of its revenue from regular food service to the general public or club members or their guests. The 60% requirement must be met on a quarterly calendar basis. (Ord. 91500) This provision does not apply to a "restaurant" located within a church, public school, or public hospital; or to convenience stores, golf courses, hotels, motels or grocery stores, where the sale of food is for the convenience of the patrons of that establishment and is incidental to the primary source of revenue. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 113 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" C. The City of Coppell shall retain the right to audit the books and records of the restaurant at any time to verify that the 60% food provision is met. Failure to comply with the 60% requirement may result in the loss of the restaurant's Special Use Permit. (Ord. 91500) 2. TIME LIMIT In the event an application for a building permit for a restaurant is not made within six (6) months from the granting of the Special Use Permit for the restaurant, the City Council may direct the Planning and Zoning Commission to call a public hearing for the purpose of considering the cancellation of the Special Use Permit by changing the zoning back to its original classification without the Special Use Permit. (Ord. 91500) In the event the owner or operator of a property having a zoning classification of Special Use Permit for a Restaurant, ceases to operate the restaurant business use for a period in excess of 90 days, the Planning and Zoning Commission or the City Council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a Special Use Permit for a Restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. In the event ownership of a property having a zoning classification of Special Use Permit for a Restaurant, is transferred from the original grantee to a new owner or new operator, the Planning and Zoning Commission or the City Council may initiate a zoning change to consider the zoning classification of the property back to its original zoning classification or such other classification as may be appropriate for the property. Each applicant for a Special Use Permit for a Restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. (Ord. 91500) 3. SIGNS Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended "Rnough 91504-A-129) 114 AGG09009 SECTION 30 - "SPECIAL USE PERMITS" 4. SUBMISSION REQUIREMENTS The following shall be required at the time of an application for Special Use Permit for a restaurant: A A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within three hundred (300) feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. (Ord. 91500) B. Adequate copies of floor plans for the restaurant shall be submitted showing the dimensions of the following floor areas: 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5. All combined air-conditioned areas. (Ord. 91500) 5. REMODELING AND ALTERATIONS Any proposed remodeling or changes to the approved floor plan -shall be reviewed and approved by the Planning and Zoning Commission and the City Council prior to issuance of a building permit. Provided, however, such review and approval shall not require new public hearings. (Ord. 91500) 6. APPLICANT Each application for a Special Use Permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The Planning and Zoning Commission and the City Council may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. (Ord. 91500) 7. EXISTING USES Any restaurant in operation or which has been granted a Special Use Permit for a restaurant at the time of the adoption of this ordinance shall be considered as a conforming use. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition 115 *(Ord. 91500, Amended Through 91500-A-129) 1ss11992 SECTION 30 - "SPECIAL USE PERMITS" 30-17 SPECIAL USE ORDINANCES CONTINUED - Prior to adoption of this ordinance, the City Council had established various Special Use Zoning Districts each containing, as a part of its adoptive ordinance and/or plan, certain conditions, restrictions, regulations and requirements applicable to the respective Special Use District. The Special Use Districts shown (as of the date of this ordinance) on the Zoning Map adopted as a part of this ordinance, shall be continued in full force and effect and the ordinances granting such Special Use District Classification shall not be repealed. Provided, however, any reference in such adoptive ordinance to the basic zoning district shall be a reference to that basic zoning district as such is provided for in this ordinance. (Ord. 91500) 30-18 HISTORIC OVERLAY DISTRICT The City Council by affirmative vote may after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Master Plan of the City and containing such requirements and safeguards as are necessary to protect adjoining property, grant a Special Use Permit zoning classification as an additional use in addition to the use allowed under the basic zoning classification of the property, pursuant to Section 30-1 of the Comprehensive Zoning Ordinance of the City of Coppell, for the purpose of varying the requirements for concrete pavements and masonry on the exterior walls of buildings in a Historic Overlay District. (Ord. 91500-A-168) ZONING ORDINANCE CODE BOOK - 1996 Edition 116 *(Ord. 91500, This Page Amended "Through 91500-A-168) 1ss11992 SECTION 31 OFF - STREET PARKING REQUIREMENTS Purpose: To secure safety from fire, panic, and other dangers; to lessen con- gestion in the streets; to facilitate the adequate provisions of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land, minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions. (Ord. 91500) 31-1 Special Off -Street Parking Provisions --Residential Districts 1. All required off-street parking spaces shall be located behind all setback lines in any agriculture, single-family, duplex, or townhouse district. All required parking spaces shall be located behind the required front setback line in the MF -1 and MF -2 districts. (Ord. 91500) 2. Required off-street parking shall be provided on the same site as the use it is to serve. (Ord. 91500) 3. Parking shall be allowed only on a paved concrete surface. (Ord. 91500) 4. An enclosed parking space shall mean a garage attached to the main structure, covered and enclosed on at least three sides and can fully conceal the vehicle. (Ord. 91500) 31-2 Special Off -Street Parking Provisions--Non-Residential Districts 1. In non-residential districts, surface parking may extend into the front yard except for required screening, landscaping, or as specifically stated in various sections of this ordinance. (Ord. 91500) 2. Parking shall be allowed only on a paved concrete surface. (Ord. 91500) 31-3 Off -Street Loading Space - All Districts 1. All retail, commercial, and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain off-street parking facilities for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof for a building larger than five thousand (5,000) square feet. A loading space shall consist of an area of a minimum of twelve (12) by thirty (30) feet. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 117 A0009009 SECTION 31 - "PARKING REGULATIONS" All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. (Ord. 91500) 2. Kindergartens, day schools, and similar child training and care establishments shall provide paved off-street loading and unloading space on a through "circular" drive except when otherwise provided for when a Special Use Permit has been granted. Drives shall be designed to accommodate one (1) motor vehicle for each ten (10) students or children cared for by the establishment. (Ord. 91500) 3. Uses not listed in Schedule 31.6 shall provide required off-street parking according to the most similar use listed in the Schedule, as determined by the City Council. (Ord. 91500) 4. Loading docks and areas shall not be located on the street side of any structure unless screened according to section 33-1 (4). (Ord. 91500) 31-4 Parking Access From a Public Street - All Districts 1. In all districts (except all single-family, duplex, and multi -family districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the City Engineer. Where based upon analysis by the City Manager, projected volumes of traffic entering or leaving the proposed development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of- way, and paving in the form of a deceleration lane or turn lane may be required to be furnished by the developer in order to reduce such interference. (Ord. 91500) 2. In the approval of a Detail Site Plan consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site. Such drives shall have curbs or other barriers to prohibit access from parking areas and other drives. (Ord. 91500) 3. The radius of all drive approaches shall be constructed so that the curb return shall not extend beyond any projection of the property line which the drive does not cross, except by written agreement of both property owners filed for record with the County Clerk with proof supplied to the City Council. (Ord. 91500) 4. Vehicular access to non-residential uses shall not be permitted from alleys ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 118 A0009009 SECTION 31 - "PARKING REGULATIONS" serving residential areas. (Ord. 91500) 5. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Appendix Illustrations Nos. 1, 2, 3, 4 or 5. (Ord. 91500) 31-5 Off -Street Parking Requirements - All Districts 1. In accordance with Appendix Illustrations Nos. 1, 2, 3, 4, and 5, a parking space shall be a minimum of nine (9) feet wide and a minimum of nineteen (19) feet long, with two exceptions. The two exceptions are: a. where a parking space heads in to a curb, or other wheel stop, which adjoins a private sidewalk at least five (5) feet wide, and b. where a parking space heads in to a curb, or other wheel stop, which adjoins a landscaped area designed to maintain a minimum clearance of eight (8) inches above the parking pavement for a distance of at least two (2) feet beyond where the curb or wheel stop restricts vehicular forward progress. (Ord. 91500-A-105) If either or both of the conditions described in the preceding subparagraphs a. and b. exist, a parking space shall be a minimum of nine (9) feet wide and a minimum of seventeen (17) feet long. However, regarding the conditions described in the preceding subparagraph b., for each one (1) square foot of parking space reduction achieved, the minimum interior landscaping requirements for off-street parking and vehicular use areas of Section 34-1-8, Paragraph (A), shall be increased by a corresponding one (1) square foot. (Ord. 91500-A-105) 2. Parking on private property shall not extend into or overhang public right-- of-way or adjoining property. Where on-site parking is adjacent to sidewalks, right-of-way, and/or required landscaped areas, all parking, loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent the wheels of motor vehicles from entering any required landscaped areas, and to prevent any parked vehicle from entering or overhanging a public right-of-way, public sidewalk, or any landscaping over eight (8) inches in height above the parking pavement. An overwide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3) feet minimum sidewalk width. (Ord. 91500-A-105) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 119 A0009009 SECTION 31- "PARKING REGULATIONS" 3. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be maintained so as to comply with all public health and sanitary regulations. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and shall be screened according to Section 33-1(6). (Ord. 91500- A-105) 31-6 Parking Requirements Based on Use In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the preceding provisions and in accordance with the following requirements: (Ord. 91500-A-105) I. Auto laundry: One (1)1 space per five hundred (500) square feet of gross floor area. (Ord. 91500) 2. Bowling alley: Six (6) parking spaces for each alley or lane. (Ord. 91500) 3. Business or professional office, (general): One (1) space per three hundred (300) square feet of gross floor area. (Ord. 91500) 4. Church or other place of worship: One (1) parking space for each three (3) seats in the main auditorium. (Ord. 91500) 5. College or University: One (1) space per each day student. (Ord. 91500) 6. Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. (Ord. 91500) 7. Commercial Amusement: One (1) space per 3 guests or one (1) space per 100 square feet of gross floor area, whichever is greater. (Ord. 91500) 8. Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each one hundred (100) square feet of floor area thereof. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 120 A0009009 SECTION 31 - "PARKING REGULATIONS" 9. Day Nursery: One (1) space per 10 pupils. (Ord. 91500) 10. Dwellings, Multi -Family: Two (2) spaces per one and two bedroom units and two and one-half (21/2) spaces per three bedroom unit. (Ord. 91500) 11. Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds. (Ord. 91500) 12. Furniture or Appliance Store, Hardware Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000). (Ord. 91500) 13. Gasoline Station: Minimum of six (6) spaces. (Ord. 91500) 14. Hospital: One (1) space per employee on the largest shift, plus one and one-half (11/2) spaces for each bed. (Ord. 91500) 15. Hotel: One (1) parking space for each one (1) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein. (Ord. 91500) 16. Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet. (Ord. 91500) 17. Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet. (Ord. 91500) 18. Manufacturing or Industrial Establishment, Research or Testing Laboratory, Creamery, Bottling Plant, Warehouse, Printing or Plumbing Shop, or Similar Establishment: One (1) parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each one thousand (1,000) square feet of floor area. (Ord. 91500) 19. Medical or Dental Office: One (1) space per one hundred seventy-five (175) square feet of floor area. (Ord. 91500) 20. Mini -Warehouse: Four (4) per complex plus (1) one per five thousand (5000) square feet of storage areas. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 121 AGG09009 SECTION 31 - "PARKING REGULATIONS" 21. Mobile Home Park: Two (2) spaces for each mobile home plus additional spaces as required herein for accessory uses. (Ord. 91500) 22. Mortuary or Funeral Home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral service rooms. (Ord. 91500) 23. Motel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein. (Ord. 91500) 24. Motor -Vehicle Sales rooms and Used Car Lots: One (1) parking space for each five hundred (500) square feet of sales floor for indoor uses, or one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses. (Ord. 91500) 25. Nursing Home: One (1) space per five (5) beds and one (1) for each day staff. (Ord. 91500) 26. Private Club, Country Club or Golf Club: One (1) parking space for each one hundred -fifty (150) square feet of floor area or for every five (5) members, whichever is greater. (Ord. 91500) 27. Retail Store or Personal Service Establishment, except as otherwise specified herein: One (1) space per two hundred (200) square feet of gross floor area. (Ord. 91500) 28. Restaurant, Night Club, Cafe or Similar Recreation or Amusement Establishment: One (1) parking space for each one hundred (100) square feet of floor area. (Ord. 91500) 29. Rooming or Boarding House: One (1) parking space for each sleeping room. (Ord. 91500) 30. Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds. (Ord. 91500) 31. School, Elementary: One (1) Parking space for each five (5) seats in the auditorium or main assembly room, or one (1) space for each classroom plus six (6) spaces, whichever is greater. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 122 A0009009 SECTION 31 - "PARKING REGULATIONS" 32. School, Secondary, and College: One (1) parking space for each four (4) seats in the main auditorium or eight (8) spaces for each classroom, whichever is greater. (Ord. 91500) 33. Theater, Auditorium (except school), Sports Arena, Stadium, or Gymnasium: One (1) parking space for each three (3) seats or bench seating spaces. (Ord. 91500) 34. Warehouse, Wholesale, Manufacturing and Other Industrial Type Uses: One (1) space for one thousand (1,000) square feet of gross floor area. (Ord. 91500) 35. Golf Course: Three (3) parking spaces per hole. (Ord. 91500) 31-7 Rules for Computing Number of Parking Spaces: In computing the number of parking spaces required for each of the above uses the following rules shall govern: 1. "Floor Area" shall mean the gross floor area of the specific use. (Ord. 91500) 2. Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number. (Ord. 91500) 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. (Ord. 91500) 4. Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. (Ord. 91500) 5. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 123 A0009009 SECTION 31 - "PARKING REGULATIONS" 31-8 Location of Parking Spaces: All parking spaces required herein shall be located on the same lot with the building or use served, except as follows: 1. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed six hundred (600) feet from any other non-residential building served. (Ord. 91500) 2. Not more than fifty (50) per cent of the parking spaces required for theaters, bowling alleys, dance halls, night clubs, cafes, or similar uses and not more than eighty (80) per cent of the parking spaces required for a church or school auditorium or similar uses may be provided and used jointly by similar uses not normally open, used or operated during the same hours as those listed; provided, however, that written agreement thereto is properly executed and filed as specified below. (Ord. 91500) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. (Ord. 91500) 31-9 Use of Parking Spaces - All Districts: Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 124 AGG09009 SECTION 32 SPECIAL AND ADDITIONAL REGULATIONS 32-1 Lot Area 1. The minimum residential lot area for the various Districts shall be in accordance with the individual use schedule except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this Ordinance may be used for a one -family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in area below the minimum requirements set forth in the respective district. (Ord. 91500) 2. Public and Semi -Public Institutions such as hospitals, churches and schools located in any district shall have a minimum site area of two (2) acres. (Ord. 91500) 3. Location of Dwellings and Buildings - Only one main building for one - family and two-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every means of access shall have a minimum width of twenty-five (25) feet. Where a lot is used for retail and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use. (Ord. 91500) 32-2 Front Yard: 1. On corner lots, the front yard set back shall be observed along the frontage of both intersecting streets (unless shown specifically otherwise on a final plat according to section 32-3 (1). (Ord. 91500) 2. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Appendix Illustration No. 6) (Ord. 91500) ZONING ORDINANCE CODE BOOK -1996 Edition *(OnL 91300, Amended'nuough 91500-A-129) W12449 125 SECTION 32 - `°SPECIAL AND ADDITIONAL REGULATIONS" 3. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard (See Appendix Illustration No. 7) (Ord. 91500) 4. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Appendix Mustration No. 8) (Ord. 91500) 5. The minimum front yard setback requirements may be reduced by five (5) feet in all Single Family except the 2F-9 district provided that at least fifty (50%) percent of the structures on a given block are set back an additional five (5) feet from the original setback. The average setback would equal the original setback requirement. The purpose of this requirement is to encourage a variety of front yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the front yard setback be less than twenty (20) feet. (See Appendix Illustration No. 10). Varying setbacks must be shown on the approved final plat in order to reduce normal setback requirements. (Ord. 91500) 6. Minimum front yard setbacks for lots with predominate frontage on the curved radius of a cul-de-sac shall be twenty-five (25) feet if approved on the final plat. (See Appendix Illustration No. 14) (Ord. 91500) 7. No fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes or shrubs shall be erected, planted or maintained in such a position or place so as to obstruct or interfere with the following minimum sight line standards. (Ord. 91500) (A) Vision at all intersections where streets intersect at or near right angles shall be clear at elevations between two and one-half (2V2) feet and nine (9) feet above the average street grade, within a triangular area formed by extending the two curb lines from their point of intersection (see Figure 4 of the Subdivision Ordinance) forty-five (45) feet, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) lss12449 126 SECTION 32 - "SPECIAL AND ADDITIONAL REGULATIONS" twenty-five (25) feet and connecting theses points with an imaginary line, thereby making a triangle. (Ord. 91500) 8. Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An enclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line. (Ord. 91500) 9. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of- way line. (Ord. 91500) 32-3 Side Yards: 1. On a corner lot used for one -family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the Planning and Zoning Commission containing a side yard of fifteen (15) feet or more the building line provisions on the plat shall be observed. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective districts. (Ord. 91500) 2. Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard. (Ord. 91500) 32-4 Lot Coverage: 1. Up to ten (10%) per cent additional coverage of the lot or tract will be permitted for accessory buildings such as garages, carports, and storage buildings. Specified maximum coverage shall apply to schools, churches, and other non-residential buildings permitted in residential districts. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Tbrough 91200-A-129) lss12449 127 SECTION 32 - "SPECIAL AND ADDITIONAL REGULATIONS" 32-5 Special Height Regulations 1. In the districts where the height of buildings is restricted to two and one-half (21/2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes, and spires and school buildings and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories. (Ord 91500) 2. Antennas and other sending and receiving devices of micro -wave or electromagnetic waves shall be permitted in all districts for private or amateur radio broadcasting use. Such devices shall not interfere with radio or television reception of adjoining property owners and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed thirty-five (35) feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. (Ord 91500) 3. Satellite dishes shall not exceed a height of fifteen (15) feet and shall only be located in the rear yard of any lot. (Ord 91500) 4. Within all districts except the "O" Office, "HC" Highway Commercial, "TC" Town Center, "LI" Light Industrial and "HI" Heavy Industrial Districts, the height of a flagpole, as measured from the top of the flagpole to the ground, shall not exceed thirty-five (35) feet. Within the "O" Office, "HC" Highway Commercial, "TC" Town Center, "LI" Light Industrial and "HI" Heavy Industrial Districts, the height of a flagpole, as measured from the top of the flagpole to the ground, may be greater than thirty-five (35) feet. However, if greater than thirty-five (35) feet, said height shall be no greater than either: (A) 1.5 times the height of the principal building, when the principal building is a government building; or (B) the height of the principal building, when the principal building is not a government building. (Ord. 91500-A-160) 32-6 All measurements of setback requirements shall be made according to illustrations 11, 12 and 13. (Ord. 91500) 32-7 Metal exterior construction buildings are not permitted in any district as a primary use except as provided in other ordinances of the City of Coppell. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, M16 Page Amended Through 91500-A-160) 1=12449 128 SECTION 32A WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS Purpose The purpose of this section is to establish general guidelines for the sitting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single -use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, sitting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures. In furtherance of these goals, the City shall give due consideration to the master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 91500-A-151) 32A-1 Definitions: As used in Section 32A, the following terms shall have the meanings set forth below: (A) Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative - design mounting structures that camouflage or conceal the presence of antennas or towers. (Ord. 91500-A-151) (B) Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. (Ord. 91500-A- 151) (C) Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 91504A-151) 128.1 1=12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (D) FAA means the Federal Aviation Administration. (Ord. 91500-A-151) (E) FCC means the Federal Communications Commission. (Ord. 91500-A-151) (F) Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. (Ord. 91500-A- 151) (G) Pre-existing towers and pre-existing antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of Section 32A, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. (Ord. 91500-A-151) (H) Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 91500-A-151) 32A-2 Applicability: (A) New Towers and Antennas: All new towers or antennas in the City shall not be permitted, except as provided herein and shall be subject to Section 32A, except as set forth below in (B) through (D), inclusive. (Ord. 91500-A-151) (B) Amateur Radio Station Operators/Receive Only Antennas: Section 32A shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 915MA-151) 128.2 1ss12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (C) Pre-existing Towers or Antennas: Pre-existing towers and preexisting antennas shall not be required to meet the requirements of Section 32A, other than the requirements of Sections 32A -3(F) and (G). (Ord. 91500-A-151) (D) AM Array: For purposes of implementing Section 32A, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 91500-A-151) 32A-3 General Requirements: (A) Principal or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (Ord. 91500-A-151) (B) Lot Size: For purposes of determining whether the installation of a tower or antenna complies with Section 32A, including but not limited to setback requirements, lot - coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. (Ord. 91500-A-151) (C) Inventory of Existing Sites: Each applicant for an antenna and/or tower shall provide to the City Planning Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the City or within one mile of the City limits, including specific information about the location, height, and design of each antenna or tower. The City Planning Director may provide such information to other applicants applying for administrative approvals or special use permits or others seeking to locate towers or antennas within the City, provided, however that the City Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended'nuough 91500-A-151) 128.3 Iss12455 SECTION 324 - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (D) Aesthetics: Towers and antennas shall meet the following requirements: (1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. (Ord. 91500-A-151) (2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. (Ord. 91500-A- 151) (3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (Ord. 91500-A-151) (E) Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. (Ord. 91500-A-151) (F) State or Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by Section 32A shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal,agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(OnL 91500, This Page Amended Through 91500-A-151) 128.4 W12455 SECTION 32A -"WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (G) Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or City Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. (Ord. 91500-A-151) (H) Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of City and county jurisdictional boundaries. (Ord. 91500-A-151) (I) Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to Section 32A and shall not be regulated or permitted as essential services, public utilities, or private utilities. (Ord. 91500-A-151) (J) Franchises: Owners and/or operators of towers or antennas shall certify that all franchises and/or licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises with the City Planning Director. (Ord. 91500-A-151) (K) Public Notice: For purposes of Section 32A, any special use permit request, variance request, or appeal of an administratively approved use or special use permit shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 32A- 6(B)(5)(b), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. (Ord. 91500-A-151) (L) SiNo signs shall be allowed on an antenna or tower. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, itis Page Amended Through 91500•A-151) 128.5 lss 12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (M) Buildings and Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 32A-7. (Ord. 91500-A- 151) (N) Multiple Antenna/Tower Plan: The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. (Ord. 91500-A-151) 32A-4 Permitted Uses: (A) General: The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. (Ord. 91500-A-151) (B) Permitted Uses: The following uses are specifically permitted: (Ord. 91500-A-151) (1) Antennas or towers located on property owned, leased, or otherwise controlled by the City provided a license or lease authorizing such antenna or tower has been approved by the City. (Ord. 91500-A-151) 32A-5 Administratively Approved Uses. (A) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas. (Ord. 91500-A-151) (1) The City Planning Director may administratively approve the uses listed in this Section. (Ord. 91500- A-151) (2) Each applicant for administrative approval shall apply to the Planning Director providing the information set forth in Sections 32A -6(B)(1) and 32A -6(B)(3) and a nonrefundable fee as established by resolution of the City Council to reimburse the City for the costs of reviewing the application. (Ord. 91500-A-151) (3) The City Planning Director shall review the application for administrative approval and ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 915MA-151) 128.6 issl2455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" determine if the proposed use complies with Sections 32A-3, 32A -6(B)(4) and 32A -6(B)(5). (Ord. 91500-A-151) (4) The City Planning Director shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the City Planning Director fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved. (Ord. 91500-A-151) (5) In connection with any such administrative approval, the City Planning Director may, in order to encourage shared use, administratively waive any zoning district setback requirements in Section 32A - 6(B)(4) or separation distances between towers in Section 32A -6(B)(5) by up to fifty percent (50%). (Ord. 91500-A-151) (6) In connection with any such administrative approval, the City Planning Director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction. (Ord. 91500-A-151) (7) If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 32A-6 prior to filing any appeal that may be available under the Zoning Ordinance. (Ord. 91500-A-151) (B) List of Administratively Approved Uses. The following uses may be approved by the City Planning Director after conducting an administrative review: (1) Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) below. (Ord. 91500-A-151) (a) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the City Planning Director as an accessory use to any commercial, industrial, professional, institutional, or ZONING ORDINANCE CODE BOOK -1996 Edition *(Ont 91300, This Page Amended Tbrmo 91500-A-151) 128.7 IssI2455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" multi -family structure of eight or more dwelling units, provided: (i) The antenna does not extend more than thirty (30) feet above the highest point of the structure; The antenna complies with all applicable FCC and FAA regulations; and (iii) The antenna complies with all applicable building codes. (Ord. 91500-A-151) (b) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the City Planning Director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: ZONING ORDINANCE CODE BOOK -1996 Edition *(Ord. 91500, This Page Amended Through 91500-A-151) (i) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the City Planning Director allows reconstruction as a monopole. (Ord. 91500-A-151) (ii) Height 128.8 (1) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, to accommodate the collocation 1ss12455 SECTION 32A -"WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" ZONING ORDINANCE CODE BOOK -1996 Edition *(Ord. 91500, This Page Amended Through 91 SMA -151) of an additional antenna. (Ord. 91500-A-151) (2) The height change referred to in section 32A-5(B)(ii)(1) may only occur one time per communication tower. (Ord. 91500-A-151) (3) The additional height referred to in section 32A-5(B)(ii)(1) shall not require an additional distance separation as set forth in Section 32A-6. The tower's premodification height shall be used to calculate such distance separations. (Ord. 91500-A- 151) (iii) Onsite location (1) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location. (Ord. 91500-A-151) (2) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. (Ord. 91500-A- 151) (3) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 32A -6(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a 128.9 lss 12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" violation of Section 32A - 6(B)(5). (Ord. 91500-A-151) (4) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 32A - 6(B)(5) shall only be permitted when approved by the City Planning Director. (Ord. 91500-A-151) (2) Installing a cable microcell network through the use of multiple low -powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (Ord. 91500-A-151) 32A-6 Special Use Permits in "LP' Light Industrial District and "HP' Heavy Industrial District: (A) General: The following provisions shall govern the grant of special use permits for towers or antennas by the City Council and the recommendation of the Planning and Zoning Commission: (1) If the tower or antenna is not a permitted use under Section 32A-4 or permitted to be approved administratively pursuant to Section 32A-5, then a special use permit shall be required for the construction of a tower or the placement of an antenna in "LP' Light Industrial District or "HI" Heavy Industrial District, as defined in the Comprehensive Zoning Ordinance. (Ord. 91500-A- 151) (2) Applications for special use permits under this Section shall be subject to the procedures and requirements of Section 30 of the Comprehensive Zoning Ordinance, except as modified in this Section. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500. This Page Amended Through 91500-A-151) 128.10 1ss12455 SECTION 32A -'WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (3) A special use permit may impose conditions to the extent the City Council and/or the Planning and Zoning Commission conclude such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. (Ord. 91500-A-151) (4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. (Ord. 91500-A-151) (5) An applicant for a special use permit shall submit the information described in this Section and a non- refundable fee as established by resolution of the City Council to reimburse the City for the costs of reviewing the application. (Ord. 91500-A-151) (B) Towers. (1) Information required. In addition to any information required for applications for special use permits pursuant to Section 30 of the Comprehensive Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: (Ord. 91500-A-151) (a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 32A -6(B)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the City Planning Director to be necessary to assess compliance with this ordinance. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Otd. 91500, This Page Amended Through 915MA-151) 128.11 ]ss12455 SECTION 32A -"WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (b) Legal description of the parent tract and leased parcel (if applicable). (Ord. 91500-A- 151) (c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. (Ord. 91500- A-151) (d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 32A -3(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. (Ord. 91500-A-151) (e) A landscape plan showing specific landscape materials. (Ord. 91500-A-151) (f) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. (Ord. 91500-A-151) (g) A description of compliance with Sections 32A -3(C), (D), (E), (F), (G), (J), (L) and (M), 32A -6(B)(4), 32A -6(B)(5) and all applicable federal, state or local laws. (Ord. 91500-A-151) (h) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. (Ord. 91500-A- 151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, This Page Amended Through 91500-A-151) (i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the City. (Ord -91500-A-151) 128.12 1ss12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (j) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. (Ord. 91500-A- 151) (k) A description of the feasible location(s) of future towers or antennas within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. (Ord. 91500-A-151) (2) Factors Considered in Granting Special Use Permits for Towers: In addition to any standards for consideration of special use permit applications pursuant to Section 30 of the Comprehensive Zoning Ordinance, the City Council and the City Planning and Zoning Commission shall consider the following factors in determining whether to grant a special use permit, although either body may waive or reduce the burden on the applicant of one or more of these criteria if such body concludes that the goals of Section 32A are better served thereby: (Ord. 91500-A-151) (b) Proximity of the tower to residential structures and residential district boundaries; (Ord. 91500-A-151) (c) Nature of uses on adjacent and nearby properties; (Ord. 91500-A-151) (d) Surrounding topography; (Ord. 91500-A- 151) (e) Surrounding tree coverage and foliage; (Ord. 91500-A-151) (f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK -1996 Edition *(Ord. 91500, This Page Amended Through 91500-A-151) 128.13 1ss12455 SECTTON 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (g) Proposed ingress and egress; and (h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 32A -6(B)(3). Ord. 91500-A-151) (3) Availability of Suitable Existing Towers, Other Structures, or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the City Council and/or the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: (a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. (Ord. 91500-A-151) (b) Existing towers or structures are not of sufficient height to (Ord. 91500-A-151) (c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (Ord. 91500-A-151) (d) The applicant's proposed . antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the ZONING ORDINANCE CODE BOOK - 1996 Edition •(OnL 91500, Ibis Page Amended Through 91500-A-151) 128.14 1ss12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" applicant's proposed antenna. (Ord. 91500- A-151) (e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (Ord. 91500-A-151) (f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. (Ord. 91500-A-151) (g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low - powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (Ord. 91500-A-151) (4) Setbacks: The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the City Council and/or the City Planning and Zoning Commission may reduce the standard setback requirements if the goals of Section 32A would be better served thereby: (a) Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line. (Ord. 91500-A-151) (b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK -1996 Edition •(Ord. 91500, This Page Amended Through 91 -VO -A-151) 128.15 1ss12455 SECTION 324 -"WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (5) Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the City Council and/or Planning and Zoning Commission may reduce the standard separation requirements if the goals of Section 32A would be better served thereby. (Ord. 91500-A-151) (a) Separation from off-site uses/designated areas. ZONING ORDINANCE CODE BOOK -1996 Edition '(Ocd. 91500, This Page Amended'nuough 91500-A-151) (i) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided therein. (Ord. 91500-A- 151) (ii) Separation requirements for towers shall comply with the minimum standards established in Table 1. (Ord. 91500-A-151) 128.16 hs12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" Table 1: (Ord. 91500-A-151) Off-site Use/Designated Area Separation Distance Divided highway, divided thoroughfare, or 200 feet or 1000% height of tower proposed divided thoroughfare as shown on whichever is greater the Thoroughfare Plan Single-family or duplex residential units 200 feet or 1000% height of tower whichever is greater Vacant single-family or duplex residentially 200 feet or 1000% height of towe zoned land which either is platted or has whichever is greater preliminary subdivision plan approval which is not expired Vacant unplatted residentially zoned lands 100 feet or 300% height of tower whichever is greater Existing multi -family residential units greater 100 feet or 300% height of tower than duplex units whichever is greater Non -residentially zoned lands or non- None; only setbacks apply residential uses 'Includes modular homes and mobile homes used for living purposes. 2 Separation measured from base of tower to closest building setback line. 3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi -family residentially zoned land greater than duplex. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, This Page Amended Through 91500-A-151) 128.17 issl2455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (b) Separation distances between towers: (i) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. (Ord. 91500- A-151) Table 2: (Ord. 91500-A-151) Existing Towers - Types (6) Security fencing: Towers shall be enclosed by security fencing meeting not less than six feet in height and shall also be equipped with an appropriate anti -climbing device; provided however, that the City Council and/or the City Planning and Zoning Commission may waive such requirements, as it deems appropriate. (Ord. 91500-A-151) (7) Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 91500-A-151) 128.18 1ss12455 Lattice Guyed Monopole 75 Ft Monopole Less in Height or Than 75 Ft in Greater Height Lattice 5000 5000 1,500 750 Guyed 5000 5000 1,500 750 Monopole 75 Ft in Height 1,500 1500 1,500 750 or Greater Monopole Less Than 75 750 750 750 750 Ft in Height (6) Security fencing: Towers shall be enclosed by security fencing meeting not less than six feet in height and shall also be equipped with an appropriate anti -climbing device; provided however, that the City Council and/or the City Planning and Zoning Commission may waive such requirements, as it deems appropriate. (Ord. 91500-A-151) (7) Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 91500-A-151) 128.18 1ss12455 SECTION 324 -WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" permit is required; provided, however, that the City Council and/or City Planning and Zoning Commission may waive such requirements if the goals of Section 32A would be better served thereby. (Ord. 91500-A-151) (a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. (Ord. 91500-A-151) (b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. (Ord. 91500-A-151) (c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. (Ord. 91500-A-151) 32A-7 Buildings or Other Equipment Storage: (A) Antennas Mounted on Buildings or Rooftops: The equipment cabinet or structure used in association with antennas shall comply with the following: (Ord. 91500-A- 151) (1) The cabinet shall be located within the building, on the roof, or within either a matching addition to the building or matching separate building, subject to the conditions of Section 32A -7(A)(2) which follows. (Ord. 91500-A-151) (2) The equipment structure may be located on the roof of a building, provided all rooftop mechanical equipment is screened behind a parapet wall which matches the building facade and which is at least as high as the equipment it is to screen. The equipment structure, if an addition to the building or a separate building, shall comply fully with the zoning requirements of the district within which it is located. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500.1kii Page Amended Mwou& 91500-A-151) 128.19 Iss 12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (3) Equipment storage buildings or cabinets shall comply with all applicable building codes. (Ord. 91500-A-151) (B) Antennas Mounted on Utility Poles or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: (Ord. 91500-A-151) (1) In residential districts, the equipment cabinet or structure may be located: (Ord. 91500-A-151) (a) In a front yard provided the cabinet or structure is no greater than four (4) feet in height above grade or thirty-five (35) square feet in gross floor area and the cabinet/structure is located a minimum of ten (10) feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least four (4) feet and a planted height of at least thirty-six (36) inches. (Ord. 91500-A- 151) (b) In a rear yard, provided the cabinet or structure is no greater than seven (7) feet in height above grade or seventy (70) square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. (Ord. 91500-A-151) (2) In agricultural, commercial or industrial districts the equipment cabinet or structure shall be no greater than seven (7) feet in height above grade or seventy (70) square feet in gross floor area. The structure or cabinet shall be screened by a solid brick wall eight (8) feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. (Ord. 91500- A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, This Page Amended Through; 9150QA-151) 128.20 Iss12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (C) Antennas Located on Towers: The related unmanned equipment structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10) feet in height, and shall be located and constructed in accordance with the minimum yard and exterior construction requirements of the zoning district in which located. (Ord. 91500-A-151) (D) Modification of Building Size Requirements: The requirements of Sections 32A -7(A) through (C) may be modified by the City Planning Director in the case of administratively approved uses or by the City Council and/or the City Planning and Zoning Commission in the case of uses permitted by special use permit to encourage collocation. (Ord. 91500-A-151) 32A-8 Removal of Abandoned Antennas and Towers: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 91500-A-151) 32A-9 Nonconforming Uses: (A) Not Expansion of Nonconforming Use: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. (Ord. 91500-A-151) (B) Preexisting towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of Eke construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 91500-A-151) 128.21 1ss12455 SECTION 32A - "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" (C) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas: Notwithstanding Section 32A-8, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Sections 32A -6(B)(4) and 32A -6(B)(5). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 32A-8. (Ord. 91500-A-151) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, 'This Page Amended Through 91500-A-151) 128.22 ➢ss 12455 SECTION 33 SCREENING STANDARDS Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. (Ord. 91500-A-30) 33-1 Location of Required Screening 1. Where the side, rear, or service side of an apartment, or the side, rear, or service side of a non-residential use is adjacent to a single-family or two- family residential district, a screening wall not less than six (6) feet in height shall be erected separating the use from the adjacent residential district. In addition, a perimeter landscape area at least ten (10) feet wide shall adjoin the screening wall. The perimeter landscape area shall contain trees spaced no less than forty (40) feet apart and include such landscaping as outlined in Table 1 of Section 34. No screening is required adjacent to a street except as required in Paragraph 2 in this section. All screening walls shall conform to 33-1.8. All trees and landscape areas shall comply with Sections 34-1-6 and 34-1-7. (Ord. 91500-A-105) 2. When the side, rear or service side of a non-residential or multi -family use is adjacent to a public thoroughfare with greater than 60 feet of Right-of- way screening six (6) feet in height shall be provided. All screening walls shall conform to 33-1.8. (Ord. 91500-A-30) 3. In a non-residential district where parking space for motor vehicles is provided adjacent to or within ten (10) feet of a residential district, whether the district boundary lines are separated by a street or alley or not, screening two (2) feet in height shall be provided between the boundary of such parking areas and the residential district. This requirement does not waive the requirements of Paragraph 1, however, providing screening as required in Paragraph 1 may fulfill the requirements of this paragraph. (Ord. 91500-A-30) 4. In all districts where screening of loading areas facing a street is required, screening shall be provided not less than six (6) feet in height adjacent to the loading area at the property line. Said screening shall be required parallel to all streets and located thirty (30) feet from the street R.O.W./property line except where such use was in existence at the date of adoption of this Ordinance. Screening adjacent to a street shall conform to ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 129 AGG09009 SECTION 33 - "SCREENING STANDARDS" 33-1.8. Screening may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the screening wall location. (Ord. 91500-A-30) 5. In all districts where screening of open storage is required such screening shall be required only for those areas used for open storage. A six (6) feet high screening wall shall be provided and maintained parallel to the property line adjacent to the area to be screened. If the screening wall for open storage is required along a street edge, the screening wall shall be located thirty (30) feet from the street R.O.W./property line and shall conform to 33-1.8. Screening may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the screening wall location. (Ord. 91500-A-30) 6. Refuse storage areas not adjacent to an alley for all uses other than single- family and duplex dwellings shall be visually screened by a six (6) foot high solid fence on all sides except the side used for garbage pickup service, such side shall not be required to be screened. (Ord. 91500-A-30) 7. Where subdivisions are platted so that the rear yards of single-family, two- family, or townhouse residential lots are adjacent to a dedicated roadway, or separated from a roadway by an alley or service road, the developer shall provide, at his sole expense, screening that conforms to Section 33-1.8. (Ord. 91500-A-30) 8. The City Council may waive or modify, in exceptional cases, the requirements of this section. All forms of screening shall conform to the requirements of the ordinances of the City governing the sight distance for traffic safety and other City ordinances. The types of permissible screening are: (A) A brick wall with a minimum height of six (6) feet and a maximum height of eight (8) feet shall be located on the street right-of-way line. The color of the wall shall be limited to earth -tone colors, (i.e. brown, tan, red, gray, etc.). The color of the wall shall be uniform and/or compatible on both sides of a thoroughfare for the entire length of the thoroughfare between two intersecting thoroughfares. When walls are built in sections, the colors shall be as closely similar as possible, but shall, in no case, be incompatible. Plans and specifications for the wall shall be approved by the City. Masonry columns shall be ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 130 AGG09009 SECTION 33 - "SCREENING STANDARDS" expressed at a minimum of ten (10) feet and a maximum of thirty (30) feet on centers and should typically be taller than the remainder of the wall. (Ord. 91500-A-30) Brick detailing at the top of the wall shall produce a change in plane or texture. Developers are encouraged to create offsets in the wall to provide visual variety. The wall shall be placed on an appropriate structural concrete footing; trees shall be planted in the landscaping strip between the curb and screening wall according to standards set in Section 34 for non-residential and multi -family lots. Landscaping, in the form of trees and shrubs, shall be used to break up long continuous lengths of wall. In general, a minimum of fifteen (15) percent of the wall elevation should be screened with vegetation. The developer may, at his option, install planter beds adjacent to the wall. In such event, the developer shall provide total maintenance for the beds until an owners association is in existence to provide maintenance in accordance with Section 34. The developer shall install automatic irrigation bubblers or other means of irrigation approved by the City. Plant materials shall be selected from the plant palette in the approved Coppell Streetscape Plan. (Ord. 91500-A-30) (B) Where appropriate, as long as the view beyond the fence is appropriately landscaped and is not a view of the rear yards or fences of housing, a combination of brick and ironwork can be utilized. The masonry portion shall be constructed according to the criteria described in the previous paragraph A. Landscaping and maintenance requirements are also identical except that a landscaped area must be provided behind open ironwork to provide an appropriate view beyond. These landscaped areas beyond shall also become the responsibility of an owners association or individual property owner to provide proper maintenance. (Ord. 91500-A-30) (C) Where subdivisions are platted so that the side yards of single-family residential lots are adjacent to a roadway that is identified as a primary or secondary image zone in the approved City Streetscape Plan, the developer shall provide a screening wall to screen the rear portion of the lots. The wall shall conform to criteria established in paragraphs A and B of this subsection. The length of wall shall be equal to one half of the depth of the lot or to the fenced in rear portion of the lot, whichever is greater. (Ord. 91500-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 131 A0009009 SECTION 33 - "SCREENING STANDARDS" (D) Where subdivisions are platted so that the side yards of single-family residential lots are adjacent to a dedicated roadway and where a cul- de-sac approaches the paved roadway, but does not intersect with it, the developer shall provide, at his sole expense, a living screen composed of plants in the approved plant palette. Plants shall be a minimum of three (3) feet in height. Plant spacing shall vary, depending on the type of plants, as required by the City Council; however, suggested maximum spacings are twenty-five (25) feet for trees and twelve (12) feet for shrubs. A solid living screen is not required. The living screen shall not be planted opposite the front yard of residential lots which front on streets which intersect with the paved roadway. The developer shall provide total maintenance for the living screen until adjacent lots are sold. At the end of the maintenance period, all plants in the living screen shall be in a healthy and growing condition. The living screen shall be planted between the sidewalk and the right-of-way line. (Ord. 91500-A-30) (E) At development and subdivision entry features, all walls and raised planter beds shall be of brick or stone construction unless otherwise approved by the Planning and Zoning Commission and City Council. The wall construction and landscaped requirements of paragraphs A and B shall apply to development and subdivision entry features. In addition, the design of the entry feature must conform to the visibility requirements of the Subdivision and Zoning Ordinances. Paving materials should be incorporated into the design of the pavement at entry features in a manner compatible with that used at major or secondary intersections in the City. (Ord. 91500-A-30) (F) In Light and Heavy Industrial Zoned Districts, where the site is not adjacent to a residential zoned district or a residential use screening walls shall be constructed of a masonry material and design that is compatible with the adjacent building. (Ord. 91500-A-30) 33-2 Maximum Height and Widths All required plant screening material shall be trimmed and pruned to prevent heights and widths which will cause visibility problems for traffic or other safety hazards, but not to a height less than the required minimums. (Ord. 91500-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 132 A0009009 SECTION 34 LANDSCAPE REGULATIONS 34-1-1 PURPOSE: It is the purpose of this section to establish certain regulations pertaining to landscaping within the City of Coppell. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City. (Ord. 91599-A- 30) 34-1-2 SCOPE: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the City, except that single family detached dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this section. (Ord. 91599-A-30) 34-1-3 ENFORCEMENT: The provisions of this section shall be administered and enforced by the Building Official or his designee. (Ord. 91599-A-30) If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the Building Official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance. (Ord. 91599-A-30) 34-1-4 PERMITS: No permits shall be issued for building, paving, grading or construction until a Landscape Plan is submitted and approved by the Building Official or his designee. In the event that the proposed development requires an approved Subdivision Plat, Site Plan, or Master Development Plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. (Ord. 91599-A-30) Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the Landscape Plan required in Section 34-1-5. (Ord. 91599-A-30) In any case in which an Occupancy Certificate is sought at a season of the year in which the Building Official determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, an Occupancy Certificate may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed, provided the applicant deposits cash in an escrow account in the amount equal to 110% of the estimated cost of such landscaping. Such ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 133 A0009009 SECTION 34 - "LANDSCAPE REGULATIONS" escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the application and shall give the City the right to draw upon the escrow deposit to complete the said landscaping if the applicant fails to do so. (Ord. 91599-A-30) 34-1-5 LANDSCAPE PLANS: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a Landscape Plan shall be submitted to the Building Inspection Department. The Building Official or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. (Ord. 91599-A-30) Landscaping Plans shall be prepared by a landscape architect or landscape contractor that belongs to a bonafide Nurseryman's Association. Landscape Plans shall contain the following information: (A) Minimum scale of one inch equals 50 feet; (B) Location of all trees to be preserved and planted; (C) Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; (D) Species of all plant material to be used; (E) Size of all plant material to be used; (F) Spacing of plant material where appropriate; (G) Layout and description of irrigation, sprinkler or water systems including placement of water sources; (H) Description of maintenance provisions for the Landscape Plan; (I) Person(s) responsible for the preparation of Landscape Plan. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 134 A0009009 SECTION 34 - `LANDSCAPE REGULATIONS" 34-1-6 MAINTENANCE: The Owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of simllar variety and size. (Ord. 91599-A-30) 34-1-7 GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation. (Ord. 91599-A-30) (A) C u t . Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standards for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and free of weeds and noxious pests and insects. (Ord. 91599-A-30) (B) Trees. Trees referred to in this section shall be chosen from the approved plant palette located in Table 1. Trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet spread of crown. At time of planting trees shall be a minimum of three (3) inches in caliper, measured twelve (12) inches above the ground, and a minimum of seven (7) feet in height. (Ord. 91500-A-170) (C) Shrubs & Hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting and shall be chosen from the approved plant palette located in Table 1. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. (Ord. 91599-A-30) (D) Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. Vine material shall be chosen from the approved plant palette located in Table 1. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition 135 •(Otd. 9M, This Page Amended Through 915MA-170) 1ss1248i SECTION 34 - "LANDSCAPE REGULATIONS" (E) Ground Cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. Ground cover material shall be chosen from the approved plant palette located in Table 1. (Ord. 91599-A-30) (F) Lawn Grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion. (Ord. 91599-A-30) (G) Credit for Existing Trees. Any trees preserved on a site meeting the herein specifications shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Building Official, be credited as two (2) trees to meet the minimum requirement. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK -1996 Edition 136 *(Otd. 91500, This Page Amended Through 91500-A-170) iss12482 SECTION 34 - 'LANDSCAPE REGULATIONS" 34-1-8 MINIMUM REQUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE AREAS With two exceptions, open off-street surface parking, loading and vehicular use areas, including driveways, shall be landscaped according to the criteria outlined in paragraphs B and C of this section. The exceptions are explained in paragraph A. (Ord. 91500-A-105) (A) Areas Exempt from Landscaping Requirements. An area used for vehicular movement, parking, loading or storage shall be exempt from the provisions of paragraphs B and C of this section when: The area has restricted access and effective screening. a. Restricted access shall consist of denial to the public of parking privileges through limiting the number of driveway entrances and placing either physical barriers there or signage to indicate that the area is for private use only. (Ord. 91500-A-105) b. Effective screening shall consist of buildings located on the building lot and walls located either on the building lot or adjacent to it. Buildings and walls shall be sufficiently high to obstruct the view of a person standing on the ground of adjacent property or adjacent public street right-of-way. The view through driveway entrances, however, shall be permitted. (Ord. 91500-A-105) Any such area of restricted access, surrounded on all sides by one or more masonry walls at least six (6) feet high used separately or in combination with one or more buildings, shall qualify for this exemption. (Ord. 91500-A-105) 2. The area is located on or within a building. (B) Interior Landscaping. A minimum of ten (10) percent of the gross non- exempt area utilized for off-street parking and loading shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross area is to be measured from the edge of the parking, loading and/or driveway pavement and shall include all adjacent sidewalks. In addition: (Ord. 91500-A-105) 1. Interior landscape areas shall be protected from vehicular ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 137 AGG09009 SECTION 34 - 'LANDSCAPE REGULATIONS" encroachment through appropriate wheel stops or curbs. (Ord. 91500- A-105) 2. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. (Ord. 91500-A-105) 3. Exclusive of pavement that is exempt from the requirements of this Section, interior areas of parking pavement shall contain planting islands. The total number of planting islands shall be an amount which is no less than twelve percent (12%) of the total number of non-exempt parking spaces. Planting islands shall be located at each terminus of each single row of parking and, when a single row of parking contains more than fifteen (15) parking spaces, at intervals between each terminus. The intervals shall be such that planting islands within a single row of parking shall be separated by no more than fifteen (15) parking spaces and by no less than five (5) parking spaces. Planting islands shall contain at least one (1) tree. In addition, planting islands shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three (3) feet in height. Such planting islands shall have a minimum area of one hundred fifty (150) square feet and a minimum width of nine (9) feet. In double rows of parking a planting island required for one row may be combined with a planting island required for another row, in which case the minimum area shall be three hundred (300) square feet and the minimum width shall be nine (9) feet. (Ord. 91500-A-105) (C) Perimeter Landscaping. All off-street parking, loading and vehicular use areas, including driveway pavement, shall be screened from all abutting properties and/or public rights-of-way by a wall, fence, hedge, berm or other durable landscape barrier. Plants and materials used in living barriers shall be at least thirty (30) inches in height at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three (3) feet in height at time of installation. In addition: I. Loading areas and loading docks shall be governed by paragraph 31- 3-4 of Section 31. All other off-street vehicular use areas, including driveway pavement and parking, shall be separated from public street right-of-way by a perimeter landscape area of at least fifteen (15) feet in width. A landscape screen or barrier shall be installed in the ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 138 AGG09009 SECTION 34 - "LANDSCAPE REGULATIONS" perimeter landscape area and the remainder shall be landscaped with at least grass or other ground cover. Necessary accessways from the public street right-of-way shall be permitted through all such landscaping. The maximum width for accessways shall be: fifty (50) feet for non-residential two-way movements; thirty (30) feet for residential two-way movements; twenty (20) feet for non-residential one-way movement. (Ord. 91500-A-105) 2. All off-street parking, loading, driveways and vehicular use areas shall be separated from alley rights-of-way and other property by a perimeter landscape area as specified below. A landscape screen or barrier shall be installed in the perimeter landscape area and the remainder shall be landscaped with at least grass or other ground cover. Accessways to non-residential alleys and between lots may be permitted through all perimeter landscape areas. Maximum width of accessways shall be twenty-five (25) feet. (Ord. 91500-A-105) a. All off-street parking and loading areas shall be separated from alley rights-of-way and other property by a perimeter landscape area of at least ten (10) feet in width. (Ord. 91500-A-105) b. All driveways and vehicular use areas shall be separated from alley rights-of-way by a perimeter landscape area of at least ten (10) feet in width. (Ord. 91500-A-105) C. Except for shared driveways as hereinafter described, all driveways and vehicular use areas shall be separated from other property by a perimeter landscape area of at least ten (10) feet in width. When driveway pavement is less than twenty-seven (27) feet wide, and at least forty-five (45) percent of its width is shared by an adjoining property owner, a landscape area of at least ten (10) feet in width shall be provided on each side of the driveway pavement. (Ord. 91500-A-105) 3. Perimeter landscape areas shall contain at least one (1) tree for each fifty (50) linear feet or fraction thereof of perimeter landscape area. (Ord. 91500-A-105) 4. When other provisions of this ordinance require that a masonry wall be located on the property line, no additional screening shall be required; however, sufficient landscaping shall be provided within a required perimeter landscape area to provide concealment of wall ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 139 AGG09009 SECTION 34 - 'LANDSCAPE REGULATIONS" foundations and to satisfy tree requirements. (Ord. 91500-A-105) 34-1-9 LANDSCAPING REQUIREMENTS FOR NONVEHICULAR OPEN SPACE. Non -vehicular open spaces on a developed lot shall provide landscaping as follows. (Ord. 91500-A-105) (A) In all non-residential zoning districts, there shall be an area devoted to feature landscaping. The size of that area shall equal at least fifteen percent (15%) of that portion of the lot not covered by a building or by buildings. Not less than fifty percent (50%) of the feature landscaping shall be located in the required front yard. Landscaping specified by Subsection 34-1-8 shall be in addition to this requirement. (Ord. 91500-A-105) (B) In all residential zoning districts, except single-family districts, a minimum of fifteen percent (15%) of the landscaping shall be located in the required front yard. (Ord. 91500-A-105) (C) Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within twenty (20) feet of any building or paving or other use, such as storage. (Ord. 91500-A-105) (D) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. (Ord. 91500-A-105) (E) Trees shall be planted in non -vehicular open space to meet the following requirements. Existing trees that are preserved on a developed lot may be credited to satisfy these requirements. (Ord. 91500-A-105) Percentage of Site in Non -Vehicular Open Space Less than 30% 30% to 49 % 50% or more (Ord. 91500-A-105) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 140 Ratio of Trees per Area of Non -Vehicular Open Space 1 tree/2500 sq. ft. 1 tree/3000 sq. ft. 1 tree/4000 sq. ft. AGG09009 SECTION 34 - 'LANDSCAPE REGULATIONS" SECTION II: TREE PRESERVATION REQUIREMENTS 34-2-1 PURPOSE: The purposes of this section are to establish rules and regulations governing the protection of trees and vegetation cover within the City of Coppell, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. (Ord. 91599-A-30) The provisions of this section allow trees located within necessary public rights- of-way and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a tree permit. (Ord. 91599-A- 30) 34-2-2 DEFINITIONS: The following definitions shall apply to this chapter: (A) Buildable Area: That portion of a building lot exclusive of the yard area as defined by this subsection in paragraph (G) below. (Ord. 91500-A-105) (B) Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. (Ord. 91599-A-30) (C) Historic Tree: A tree which has been found by the City to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the City. (Ord. 91599- A-30) (D) Person: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. (Ord. 91599- A-30) (E) Specimen Tree: A tree which has been found by the City to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the City. (Ord. 91599- A-30) (F) Tree: Any self-supporting woody perennial plant which has a trunk caliper of three (3) inches or more when measured at a point of twelve (12) inches above ground level and which normally attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 141 A0009009 SECTION 34 - 'LANDSCAPE REGULATIONS" varieties of oak. (Ord. 91599-A-30) (G) Yard Area: The front, side and rear yards required by the zoning district within which the lot is located. (Ord. 91500-A-105) 34-2-3 APPLICABILITY: The terms and provisions of this section shall apply to real property as follows: (A) All real property upon which any designated specimen or historic tree is located. (Ord. 91599-A-30) (B) All vacant and undeveloped property. (Ord. 91599-A-30) (C) All property to be redeveloped, including additions and alterations. (Ord. 91599-A-30) (D) The yard areas of all developed property, excluding developed and owner - occupied single-family residential property. (Ord. 91599-A-30) (E) All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. (Ord. 91599-A-30) 34-2-4 TREE PRESERVATION PERMIT REQUIRED: No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree, specimen tree or historic tree situated on property described above without first obtaining a tree permit unless the conditions of Section 34-2-7(A) and 34-2-7(B) apply. (Ord. 91599-A-30) 34-2-5 APPLICATION: Permits for removal, or replacement of trees covered herein shall be obtained by making application on a form prescribed by the City to the Building Official. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk caliper and height) common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following: (A) Location of all existing or proposed structures, improvements and site uses, properly dementioned and referenced to property lines, setback and yard ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 142 AGG09009 SECTION 34 - 'LANDSCAPE REGULATIONS" requirements and special relationships. (Ord. 91599-A-30) (B) Existing and proposed site elevations, grades and major contours. (Ord. 91599-A-30) (C) Location of existing proposed utility easements. (Ord. 91599-A-30) (D) The location of trees on the site to be removed, or replaced. (Ord. 91599- A-30) (E) Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal, or replacement. (Ord. 91599-A-30) (F) Application involving developed properties may be based on drawings showing only that portion of the site directly involved, adjacent structures, and landscaping or natural growth incidental thereto. (Ord. 91599-A-30) (G) Aerial photographs, at an appropriate scale, may be substituted, at the discretion of the Building Official for a site plan if adequate site information is supplied on the aerial photographs. (Ord. 91599-A-30) 34-2-6 APPLICATION REVIEW: Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions, the Director of Planning shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such Departments as deemed appropriate for review and recommendations. If the application is made in conjunction with a Site Plan submitted for approval, the application will be considered as part of the site plan, and no permit shall be issued without site plan approval. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the Planning and Zoning Commission or Building Official as appropriate, in accordance with the provisions of this chapter. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 143 AGG09009 SECTION 34 - 'LANDSCAPE REGULATIONS - 34 -2-7 TREE REMOVAL: (A) No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: 1. The tree is located in a utility or drainage easement or public street right-of-way as recorded on a plat approved by the City Council. In the event that certain trees outside the above areas or trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a Plat and Site Plan which indicates the exact operation area needed. The Building Official may approve selected removal under this condition. (Ord. 91599-A-30) 2. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. (Ord. 91599-A-30) 3. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to the issuance of a building permit. (Ord. 91599-A-30) (B) Upon issuance of a building permit, developer shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. (Ord. 91599-A-30) 34-2-8 REPLACEMENT: In the event that it is necessary to remove tree(s) outside the buildable area, the developer, as condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. (Ord. 91500-A-30) A sufficient number of trees shall be planted to equal, in caliper, the caliper of the tree removed. Said replacement trees shall be a minimum of three (3) inches caliper, twelve (12) inches above the ground and seven (7) feet in height when planted, and shall be selected from the list of approved replacement trees found in Table 1. (Ord. 91599-A-30) At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the Planning and Zoning Commission. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 144 A0009009 SECTION 34 - 'LANDSCAPE REGULA77ONS" 34-2-9 TREE PROTECTION: During any construction or land development, the developer shall clearly mark all trees to be maintained and all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip line of any tree. (Ord. 91599-A-30) During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer 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 or groups of tree to remain. (Ord. 91599-A-30) No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree. (Ord. 91599-A-30) 34-2-10 EXCEPTIONS: In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Building Official and the tree may then be removed without obtaining a written permit as herein required. (Ord. 91599-A-30) During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this Ordinance may be waived as may be deemed necessary by the City Council. (Ord. 91599-A-30) All licensed plant or tree nurseries shall be exempt from the terms and provisions of this Section only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. (Ord. 91599-A-30) Utility Companies franchised by the City may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner -occupied properties developed for one -family use, disposal of such trees shall be at the option of the property owner. (Ord. 91599- A-30) 34-2-11 EXEMPTION: This ordinance shall not apply to any development which has received final plat approval prior to the effective date of this Ordinance. (Ord. 91599-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 145 A0009009 Overstory Trees: Range: 30-60' Bald Cyprus Cedar Elm Pecan Chinese Pistache Bur Oak Shumard's Oak Sweet Gum Catalpa Honey Locust Green Ash Live Oak Western Soapberry Accent Trees: Range: 10-20' Redbud Crape Myrtle Yaupon Holly Bradford Pear Texas Sophora Wild Plum Crab Apple Deciduous Holly Flameleaf Sumac Cherry -Laurel Chaste Tree (Ord. 91599-A-30) SECTION 34 - "LANDSCAPE REGULATIONS" TABLE 1 PLANT PALETTE Taxodium distichum Ulmus crassifolia Carya illinoinensis Pistacia chinesis Quercus macrocarpa Quercus Shumardii Liquidambar styraciflua Catalpa bignoniodes Gleditsia triacanthos Fraximus pennsylvanica Quercus virginiana Sapindus drummondii Cercis canadensis Lagerstroemia indica Ilex vomitoria Purus calleryana `Bradford' Sophora affinis Prunus americana Malus angustifolia Ilex decidua Rhus Copallina Prunus caroliniana Vitex Agnus-castus ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 146 Shrubs: Range: 3-5' Dwarf Crape Myrtle Dwarf Burford Holly Dwarf Chinese Holly Dwarf Yaupon Holly Fraser's Photinia Purple Sage Purple Leaf Japanese Barberry Pampas Grass Nandina Juniper Supp. Cattail Ground Cover: Range 18" Vines: Juniper Supp. Periwinkle Liriope Asian Jasmine Coral Honeysuckle Carolina Yellow Jessamine Lady Banksia Rose Cross Vine Sweet Autumn Clematis (Ord. 91599-A-30) SECTION 34 - 'LANDSCAPE REGULATIONS" TABLE 1 Lagerstroemia indica nana Ilex cornuta `Barfordii Nana' Ilex cornuta `Rotunda' Ilex vomitoria 'Nana' Photinia Fraseri Leucophyllum frutescens Berberis Thunbergii `Atropurpurea' Cortaderia Selloana Nandina domestica Juniperus chinensis Typha latifolia Juniperus horizontalis or procumbens Vinca major Liriope Muscari Trachclospermun asiaticum Lonicera sempervirens Gelsemium sempervirens Rosa Banksiae Bignonia Capreolata Clematis Paniculata ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 147 ACYG09M Perennial and Annual Flowers: Chrysanthemum Cann Cooper Leaf Periwinkle Iris Lantana Daffodil Petunia Marigold Tulip Zinnia Caladium Wild Flowers (Ord. 91599-A-30) SECTION 34 - "LANDSCAPE REGULATIONS" TABLE 1 Chrysanthemum Supp. Canna generalis Acalypha Wilkesiana Catharanthus roseus Iris Supp. Lantana Camara Naarcisus Jonquil, Tazetta, & King Alfred Petunia hybrida Tagetes Supp. Tulipa Supp. Zinnia Supp. Caladium horrulanum `Candidum' or `Pink Beauty' ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 148 AGG09009 SECTION 35 - ACCESSORY STRUCTURES REGULATIONS 35-1. Non -Residential and Multi -Family Residential Uses. With the exception of swimming pools and spas, each building and structure used for or accessory to non-residential or multi -family residential purposes shall be considered a principal building as defined in Section 42-24. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to non-residential and multi -family residential uses. (Ord. 91-500-A-128) 35-2. Single -Family and Two -Family Residential Uses. Buildings and structures accessory to single-family and two-family residential uses shall have no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, shall not be used for commercial purposes, shall not be rented and shall not be occupied. Accessory buildings and/or structures shall not be located in a required front yard. With the exception of swimming pools and spas, the regulations detailed in Paragraphs A, B and C below shall govern buildings and structures accessory to single-family and two-family residential uses, including both those attached to and those detached from the main building. Where multiple accessory structures exist on the same site, the combined sum of all accessory structures shall be used to determine the regulations applicable to size. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to single-family and two-family residential uses. (Ord. 91-500-A-128) A. Accessory buildings that are less than 150 square feet in area shall observe the following regulations: 1. Maximum Height - 10 feet 2. Minimum Setbacks: (a) Rear: i. 3 feet when the rear property line is adjacent to an alley and the roof overhang into the setback is no greater than 18 inches. Exception: When the accessory building is a garage or carport, the rear setback shall be no less than 20 feet. ii. the same as the required front yard setback when the rear property line is adjacent to a street. iii. 10 feet when the rear property line is not adjacent to an alley or street. (Ord. 91-500-A-128) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 149 AGG09009 SECTION 35 - 'ACCESSORY STRUCTURES,, (b) Side: i. 3 feet when the accessory building is located at least 5 feet behind the main building and the roof overhang into the setback is no greater than 18 inches. When the accessory building is not located at least 5 feet behind the main building, the minimum side yard setback for the accessory building will be the same as the minimum side setback required for the main building. Exception: When the accessory building is a garage or carport with side alley access, the side setback on that side shall be no less than 20 feet. (Ord. 91-500-A-128) ii. 15 feet from a side property line that is adjacent to a side street. (Ord. 91-500-A-128) iii. 10 feet from the main structure on an adjacent property. (Ord. 91-500-A-128) 3. Materials: Exterior grade wood siding is permitted on accessory buildings that are less than 150 square feet in area, provided that the wood is painted with a color that closely resembles the color of the main structure. One metal accessory building, or one accessory building with a metal roof, is permitted on any one building lot, provided it is less than 150 square feet in area. (Ord. 91-500-A-128) B. Accessory buildings that are 150 square feet in area, or more, shall observe the following regulations: 1. Maximum Height - 12 feet 2. Minimum Setbacks: (a) Rear: i. 10 feet Exception: When the accessory building is a garage or carport with rear alley access, the rear setback shall be no less than 20 feet. ii. the same as the required front yard setback when the rear ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 150 F.[s .1N •• Cull SECTION 35 - 'ACCESSORY STRUCTURES" property line is adjacent to a street. (Ord. 91-500-A-128) (b) Side: i. The same as the minimum setback required for the main structure. Exception: When the accessory building is a garage or carport with side alley access, the side setback on that side shall be no less than 20 feet. (Ord. 91-500-A-128) ii. 15 feet from a side property line that is adjacent to a side street. (Ord. 91-500-A-128) iii. 10 feet from the main structure on an adjacent property. (Ord. 91-500-A-128) 3. Materials: 80% of the exterior walls must be masonry that closely resembles the masonry used in the main building. For accessory structures 300 square feet in area or less, posts spaced at least 6 feet apart and banisters and railings less than 3 feet in height shall not be considered exterior walls and shall not be subject to masonry requirements. (Ord. 91-500-A-128) 35-3 In -ground and above -ground swimming pools and spas: A. Maximum height: 4 feet B. Minimum Setbacks: 1. Rear: (a) 5 feet from the rear property line to the outside of the pool liner, except when the rear property line is adjacent to a street. (Ord. 91- 500-A-128) (b) the same as the required front yard setback when the rear property line is adjacent to a street. (Ord. 91-500-A-128) 2. Side: 5 feet from the side property line to the outside of the pool liner. (Ord. 91-500-A-128) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500•A-129) 151 AGG09009 SECTION 35 - "ACCESSORY STRUCTURES" C. Distance from the Main Structure: no less than 5 feet from the main structure to the outside of the pool liner. (Ord. 91-500-A-128) D. Distance from 100 -year Flood: When land has been reclaimed from the 100 -year -flood by means of fill dirt retained by a retaining wall or by the headwall or bulkhead of a lake or pond, no swimming pool or spa shall be constructed within 10 feet of such retaining wall, headwall or bulkhead, as measured from the outside of the pool liner. (Ord. 91- 500-A-128) E. Distance between Single-Family/Two-Family Residential Uses and Non- Residential/Multi-Family Residential Swimming Pools/Snas: When property occupied by non-residential and/or multi -family residential uses abuts a single-family and/or two-family zoning district, swimming pools and spas accessory to non-residential and multi -family residential uses shall be located no closer than 50 feet to the single-family or two-family zoning district, as measured from the outside of the pool liner. (Ord. 91-500-A-128) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 152 AGG09009 SECTION 36 GLARE AND LIGHTING STANDARDS Purpose of Section: Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorist. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas. (Ord. 91500) 36-1 Glare: Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. (Ord. 91500) 36-2 Non -Residential Site Lighting: All off-street parking areas for nonresidential uses in nonresidential district which are used after dark, shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements. No intermittent or flashing lights are permitted. (Ord. 91500-A-30) 2. Intensity - (A) On the parking area surface, an average of at least two (2) foot candles, initial measurement, and a minimum average of one (1) foot candle on a maintained basis. (Ord. 91500-A-30) (B) (Reserved For Future Use) (Ord. 91500-A-30) ZONING ORDINANCE CODE BOOK - 19% Edition *(Ord. 91500, Amended' rm# 915MA-129) 153 1=12477 SECTION 36 - "GLARE AND LIGHTING STANDARDS" 3. Height: Luminaries located on privately -owned property shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizonal surface of the nearest parking pavement. (Ord. 91500-A 159) 36-3 Luminaries: Light sources shall be of a down -light type, indirect, diffused, or shielded type luminaries and/or so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 15 watts or strings of lamps are prohibited except for temporary lighting not exceeding forty-five (45) days per year and as provided in 34.4. (Ord. 91500) 36-4 Special Lighting: Low Wattage: Holiday special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used (Ord. 91500) ZONING ORDINANCE CODE BOOK -1996 Edition •(Or& 91500, This Page Amended Through 91500-A-159) 154 W12477 SECTION 37 PLATTING PROPERTY NOT PERMANENTLY ZONED 37-1 The Planning and Zoning Commission of the City of Coppell shall not approve any plat of any subdivision within the City Limits of the City of Coppell until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Coppell. 37-2 The Planning and Zoning Commission of the City of Coppell shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Coppell is pending before the City Council unless and until such plat shall have been approved by resolution by the City Council. 37-3 In the event the Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council, can if it desires, act on the matter of permanent zoning and annexation at the same time. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 155 A0009009 SECTION 38 CLASSIFICATION OF NEW AND UNLISTED USES 38-1 It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Coppell. In order to provide for such changes and contingencies, a determination as to the appropriate classi- fication of any new of unlisted form of land use shall be made as follows: 1. The Planning Department shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. (Ord. 91500) 2. The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. (Ord. 91500) 3. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. (Ord. 91500) 4. Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process outlined in paragraphs a, b, and c above shall be followed. (Ord. 91500) (Editor's Note: The last sentence of subsection 4 above should read as follows: "When determination of the minimum requirements cannot be readily ascertained, the same process outlined in paragraphs 1, 2, and 3 above shall be followed." ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 156 AGG09009 SECTION 39 BUILDING SITE CREATION AND SITE PLAN REVIEW 39-1 Creation of Building Site: No Permit for the construction or expansion of any building shall be issued until a building site is established by a lot which is a part of an approved plat filed in the plat records of the appropriate county. All platted lots must contact, through fee simple ownership, a dedicated street or a private street. (Ord. 91500-A-165) 39-2 Review of Site Plans: 1. Pu ose: The intent of the site plan review and approval procedure is to promote safe, efficient and harmonious use of land, vehicular and pedestrian circulation, parking and loading, lighting, screening, landscaping, and other aspects of site development which contribute to the general welfare. (Ord. 91500-A-165) 2. Applicability A site plan shall be submitted to the Planning and Zoning Commission for its recommendation and to City Council for approval prior to issuance of a Building Permit for any of the following types of construction: (A) Any townhouse project or multi -family residential development. (Ord. 91500-A-165) (B) Any park or subdivision for manufactured homes or recreational vehicles. (Ord. 91500-A-165) (C) Any non-residential project. (Ord. 91500-A-165) (D) Any construction requiring a Special Use Permit. (Ord. 91500-A-165) 3. Site Plan Components: A site plan shall be accurate, legible, drawn to scale with dimensions, and shall show: (A) Location map, distance to the nearest cross street, north arrow, scale, and title block. (Ord. 91500-A-165) (B) Boundaries of the property. (Ord. 91500-A-165) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended M roup 91500-A-165) 157.1 hs12479 SECTION 39 - "CREATION OF BUILDING SITE" (C) Location and size of existing buildings, and location, size, materials list, and architectural elevations of proposed buildings. (Ord. 91500-A-165) (D) Proposed occupancy. (Ord. 91500-A-165) (E) Parking layout and driveways. (Ord. 91500-A-165) (F) Means of ingress and egress. (Ord. 91500-A-165) (G) Loading areas. (Ord. 91500-A-165) (H) Fire lanes. (Ord. 91500-A-165) (I) Landscaping and plant list. (Ord. 91500-A-165) (7) Screening. (Ord. 91500-A-165) (K) Public and private sidewalks. (Ord. 91500-A-165) (L) Refuse facilities and manner of screening. (Ord 91500-A-165) (M) Lighting facilities, security lighting, screening and glare shades. (Ord. 91500-A-165) (N) Adjoining streets and alleys, including curbs, medians and storm drains. (Ord. 91500-A-165) (0) Drainage, electric, telephone, gas, cable television and other utility easements. (Ord. 91500-A-165) (P) Zoning districts on and adjacent to the property. (Ord. 91500-A- 165) (Q) Computations of building area for each occupancy, site area and parking and landscaping ratios. (Ord. 91500-A-165) (R) Existing and proposed water lines, sanitary sewer lines, and storm drainage. (Ord. 91500-A-165) (S) Sign locations, descriptions and elevations. (Ord. 91500-A-165) ZONING ORDINANCE CODE BOOK -1996 Edition '(OnL 91500, Amended Through 91500-A-165) 157.2 iss1247g SECTION 39 - "CREATION OF BUILDING SITE" (T) Topography with a contour interval of two (2) feet or less, and minimum finished floor elevations, both referenced to mean sea level datum. (Ord. 91500-A-165) (U) Location on the property of existing trees 8" in caliper or larger with the species and trunk diameters indicated. (Ord. 91500-A-165) (V) Other information which the Planning and Zoning Commission or City Council considers essential, including building elevations and samples of exterior color selections. (Ord. 91500-A-165) 4. Expiration: Site plan approval shall be valid for two (2) years following the most recent date of City Council approval. (Ord. 91500-A-165) 5. Compliance with Approved Site Plan: Within a development subject to site plan review under the terms of this Section, the Building Official shall not issue a Building Permit after the expiration date of the approved site plan, shall issue a Building Permit only for construction which complies with all the provisions and conditions of the most recent site plan which City Council approved, and shall not issue a Certificate of Occupancy until all provisions and conditions of the approved site plan have been met. (Ord. 91500-A-165) 6. Amendment: The Director of Planning is authorized, at any time prior to the expiration of site plan approval, to approve minor amendments of an approved site plan to correct distances and dimensions; to adjust building configuration and placement; to realign driveways and parking layout; to adjust open space, landscaping and screening; and to change utility and service locations; provided that no such minor amendments shall substantially change the original plan. Proposed amendments which the Director of Planning is not authorized to approve, or has disapproved, shall follow the same procedure as the original submission. (Ord. 91500-A-165) ZONING ORDINANCE CODE BOOK - 1996 Edition °(Ond. 91300, Amended lbrough 91500-A-165) 157.3 1=12478 SECTION 39 - "CREATION OF BUILDING SITE" Page 158 Reserved For Future Use ZONING ORDINANCE CODE BOOK -1996 Edition '(OnL 91500, Amended lbrough 91500-A-165) 1ss12478 SECTION 40 NON -CONFORMING USES AND STRUCTURES 40-1 Intent of Provisions: 1. Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. Except when the Board of Adjustment provides a termination date for a nonconforming use as prescribed in Section 40-8, it is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections are met. (Ord. 91500-A-158) 2. It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. (Ord. 91500-A-158) 3. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved. (Ord. 91500-A-158) 40-2 Nonconforming Status: Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when: 1. Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous Comprehensive Zoning Ordinance, Ordinance No. 297, adopted December 8, 1983 and the current Comprehensive Zoning Ordinance, Ordinance No. 91500, adopted February 12, 1991, and has since been in regular and continuous use; or 2. Such use, platted lot, or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot or structure is not otherwise permitted and has since been in regular and continuous use; or 3. Such use, platted lot, or structure was in existence at the time of annexation to the City and has since been in regular and continuous use. (Ord. 91500-A-158) ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, This Page Amended Through 91500-A-158) 158.1 612479 SECTION 40 - `NON -CONFORMING USES AND STRUCTURES" 40-3 Continuing Lawful Use of Property and Existence of Structures: 1. The lawful use of land or lawful existence of structures at the time of the passage of this ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this ordinance. (Ord. 91500-A-158) 2. Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. Abandonment of a nonconforming structure shall commence on the act or date of abandonment. (Ord. 91500-A-158) 3. When a nonconforming use or structure which does not meet the development standards in this ordinance ceases to be used in such manner as stated in 40-3-2 above for a period of six (6) months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of a abandonment except as allowed in Section 40-5. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned. (Ord. 91500-A-158) 4. No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased except as provided in Section 40-5. (Ord. 91500-A-158) 40-4 Changing Nonconforming Uses: 1. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use. (Ord. 91500-A-158) 2. Where a conforming use is located in a nonconforming structure, the use may be change to another conforming use by the process outlined in Section 40-5 below. (Ord. 91500-A-158) 3. A nonconforming use may not be changed to another nonconforming use. ' (Ord. 91500-A-158) ZONING ORDINANCE CODE BOOK -1996 Edition •(ORL 91500. This Page Amended Through 915MA-158) 158.2 1ss12a79 SECTION 40 - "NON -CONFORMING USES AND STRUCTURES" 40-5 Expansion of Nonconforming Uses and Buildings: An expansion of a nonconforming use or structure is allowed in accordance with the following: 1. A nonconforming use located within a building may be extended throughout the existing building, provided; (A) No structural alteration (except as provided in paragraph 5. below) may be made on or in the building except those required by law to preserve such building in a structurally sound condition. (Ord. 91500-A-158) (B) The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use. (Ord. 91500-A-158) 2. No nonconforming use within a building may be extended to occupy any land outside the building. (Ord. 91500-A-158) 3. No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space which complies with the dimensional, pavement material, screening and landscaping requirements of this ordinance. (Ord. 91500-A-158) 4. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this ordinance, may be used for a single-family dwelling. (Ord. 91500-A-158) 5. Buildings or structures which do not conform to the area regulations or development standards in this ordinance, but where the uses are deemed conforming, may be enlarged. Also, where the uses are deemed conforming, additional buildings or structures may be constructed on lots which contain buildings or structures which do not conform to the area regulations or development standards in this ordinance. In both cases, however, the total area of buildings and structures, after enlargement or addition, shall observe the current ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, This Page Amended Through 915mA-158) 158.3 W12479 SECTION 40 - `ANON -CONFORMING USES AND STRUCTURES" maximum lot coverage requirements of the district in which located, and all new construction and pavement to accommodate such enlargement or addition shall observe all the current area regulations and development standards of this ordinance. (Ord. 91500-A-158) 6. Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use if paragraph 40-5-5 above is followed. (Ord. 91500-A-158) 40-6 Restoration of Nonconforming Structure: 1. If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use structure not exceeding fifty percent (50%) of its total appraised value, as determined by the Dallas County Central Appraisal District, reconstruction will be permitted, but the square footage or function of the nonconforming use cannot be expanded. (Ord. 91500-A-158) 40-7 Completion of Structures: Nothing herein contained shall require any change in the plans, construction, or designated use of one of the following: A building or structure for which a building permit has been issued or a site plan approved prior to the effective date of these zoning regulations; or 2. A building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however that such building permit shall comply with all applicable ordinances of the City of Coppell in effect on the date such application was Sled and the building permit is issued within thirty (30) days of the effective date of these regulations. (Ord. 91500-A-158) 40-8 The Board of Adjustment shall provide a termination date for a nonconforming use under a plan whereby the owner's actual investment in the structure(s) prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable .amortization period. (Ord. 91500-A-158) ZONING ORDINANCE CODE BOOK - 1996 Edition *(am• 91500, This Page Amended T-hrough 91500-A-158) 158.4 1ss12a79 SECTION 40 - "NON -CONFORMING USES AND STRUCTURES" 1. The owner's capital investment in the structures on the property at the time the use became nonconforming. (Ord. 91500-A-158) 2. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization. (Ord. 91500-A-158) 3. The life expectancy of the investment. (Ord. 91500-A-158) 4. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. (Ord. 91500-A-158) 5. Removal costs that are directly attributable to the establishment of a termination date. (Ord. 91500-A-158) 6. Other costs and expenses that are directly attributable to the establishment of a termination date. (Ord. 91500-A-158) ZONING ORDINANCE CODE BOOK -1996 Edition *(Ord. 915M, Mds Page Amended Muough 915MA-158) 158.5 lssi2479 Reserved For Future Use ZONING ORDINANCE CODE BOOK - 1996 Edition *(ce• 91500, This Page Amended Through 91500-A-158) 159 612479 SECTION 41 BOARD OF ADJUSTMENT The word "Board" when used in this Ordinance shall be construed to mean the Board of Adjustment. (Ord. 91500) 41-1 Organization and Procedure: 1. Establishment: A Board of Adjustment is hereby re-established in accordance with the provisions of Article 211.008, Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said Code. (Ord. 91500) 2. Membership: The Board shall consist of five members which shall be citizens to be appointed or re -appointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. Members of the Board shall be removable for just cause by City Council upon written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairperson, who shall serve for a period of two (2) years or until a successor is elected. The City Council may appoint four (4) alternate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. The alternative members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled in the same manner and shall be subject to removal as regular members. (Ord. 91500-A-79) 3. Rules and Regulations: The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the Ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. All proceedings of the Board shall be a public record, and all meetings shall be open to the public. (Ord. 91500) 4. Meeting: Meeting of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearing or proceedings shall be heard by at least four (4) members of the Board. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition '(OnL 91500, Amended Through 91500-A-129) 160 W12516 SECTION 41 -"BOARD OF ADJUSTMENT" 41-2 Appeals: 1. Procedure: Appeals may be taken to and before the Board of Adjustment by any person aggrieved, or by any officer, department, board, or bureau of the City. Such appeal shall be made by filing with the office of the Board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the minutes constituting the record upon which the action appealed from was taken. (Ord. 91500) 2. Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown. (Ord. 91500) 3. Notice of Hearing on Appeal: The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby, such owners and persons being de- termined according to the current tax rolls of the City depositing of such written notice in the mail shall be deemed sufficient compliance therewith. (Ord. 91500) 4. Decision by Board: The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken. (Ord. 91500) 41-3 Powers and Duties of Board: 1. Subpoena Witnesses, Etc.: The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish. (Ord. 91500-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition 161 '(Ord. 91500, Amended Mn-ough 91500-A-129) IssI2516 SECTION 41- `BOARD OF ADJUSTMENT" 2. Appeals Based on Error: The Board shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this Ordinance. (Ord. 91500-A-30) 3. Special Exceptions The Board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which it is required to pass as follows: (Ord. 91500-A-30) (A) Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties. (Ord. 91500-A-30) (B) To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare. (Ord. 91500-A-30) (C) To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance. (Ord. 91500-A-30) (D) Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. (Ord. 91500-A-30) (E) To determine whether an industry should be permitted within District "Ll", Light Industrial, and District "HI", Heavy Industrial, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts. (Ord. 91500-A-30) (F) (Reserved For Future Use) (Ord 91500-A-30) (G) (Reserved For Future Use) (Ord. 91500-A-30) ZONING ORDINANCE CODE BOOK - 1996 Edition 162 '(Odd. 91300, Amended Tbmugh 91500-A-129) 1ss12516 SECTION 41- "BOARD OF ADJUSTMENT" 4. Variances: An application or request for a variance shall not be heard by the Board of Adjustment or granted with regard to any parcel of property or portion thereof upon which a Concept Plan, Detail Site Plan, Preliminary Plat or Final Plat, when required by this Ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and City Council consideration and action, on Concept Plans, Detail Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance from the terms of this Ordinance. (Ord. 91500-A-30) The Board shall have the power to authorize upon appeal in specific cases such variance form the terms of this Ordinance as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done, including the following: (Ord. 91500-A-30) (A) Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. (Ord. 91500-A-30) (B) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alterations of building or structures will impose upon hien unusual and practical difficulties or particular hardship, such variances from the strict application of terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this Ordinance, and at the sane time, the surrounding property will be properly protected. (Ord. 91500-A-30) (C) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) percent of its fair market ZONING ORDINANCE CODE BOOK - 1996 Edition 163 '(Ord. 91500 Amended M rough 91500-A-129) W12516 SECTION 41 - "BOARD OF ADJUSTMENT" value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly. (Ord. 91500-A-30) 5. Changes: The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone. (Ord. 91500-A-30) 6. Termination of Nonconforming Uses: The Board shall have the power to bring about the discontinuance or termination of a nonconforming use under a plan whereby the owner's actual investment in the structure(s) prior to time that the use became nonconforming can be amortized within a definite time period as set forth in Section 40-8. (Ord. 91500- A-31) ZONING ORDINANCE CODE BOOK - 1996 Edition 164 *(OF& 91500, Amended Tbrough 91500-A-129) W12516 SECTION 41- "BOARD OF ADJUSTMENT" Reserved For Future Use ZONING ORDINANCE CODE BOOK - 1996 Edition *(Of& 91500, Amended lbrough 91500-A-129) 1=12516 SECTION 42 SPECIAL DEFINITIONS Certain words in this Ordinance not heretofore defined are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the words "plot" or "tract"; the word "shall" is mandatory and not discretionary. 42-1 Accessory Building or Use: One which: (a) is subordinate to and serves a principal use; and (b) is subordinate in area, extent, or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served. "Accessory" when used in the text shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servants' quarters, as defined, are an accessory building or use. 42-2 Alley: A public right-of-way which affords a secondary means of access to abutting property. 42-3 Alterations: Any change, addition, or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed." 42-4 Auto Laundry: A building, or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A self-service type car wash is an auto laundry. 42-5 Automobile Repair, Major: Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses listed under "Automobile Repair, Minor"; and other similar uses. 42-6 Automobile Repair, Minor: Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air - ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 165 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "Automobile Repair, Major" or any other similar use. 42-7 Awning: A roof -like cover of a temporary nature that projects from the wall of a building. 42-8 Apartment: A dwelling unit in an apartment building occupied as a place of residence. 42-9 Apartment Building: An "apartment building" is a building or any portion thereof, which contains three or more dwelling units, located in the same building lot. An apartment building is a multi -family dwelling. 42-10 Basement: A story wholly or partly (at least 50 per cent) measured from floor to ceiling, below the level of the ground on the street side of the building. A basement or cellar is not counted when measuring the height of a building. 42-11 Bakery: A place for preparing, baking and selling all products on the premises where prepared. 42-12 Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be more than one numbered block as shown on a plat falling within a single block as herein defined. 42-13 Block Face: A word used as a term of measurement. It shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. 42-14 Board: Shall mean the Board of Adjustment established in Section 41 of this Ordinance. 42-15 Build: To erect, convert, enlarge, reconstruct, or alter a building or structure. 42-16 Buildable Width: Of a building site is the width of the building site left to be built upon after the required side yards are provided. 42-17 Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 166 A0009009 SECTION 42 - "SPECIAL DEFINITIONS" 42-18 Building, Detached: A building surrounded by yards or open space on the same building lot. 42-19 Building Height: See Height 42-20 Building Line: The rear line of a required front yard which is generally parallel to the street line forming the front lot line. 42-21 Building Lot: A single tract of land located within a single block which, (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a "building lot" may be subsequently subdivided into two or more "building lots", and a number of "building lots" may be cumulated into one "building lot", subject to the provisions of this Ordinance and the Subdivision Ordinance. 42-22 Building, Mixed: A building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use. 42-23 Building Official: The administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code. 42-24 Building, Principal: A building in which the principal use of the lot, on which it is located, is conducted. All residential uses, except bona fide servants quarters, are principal uses. 42-25 Building, Residential: A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. 42-26 Carport: A structure open on a minimum of three (3) sides designed or used to shelter the owner's vehicle(s), not to exceed twenty-four (24) feet on its longest dimension. 42-27 Cellar: See Basement 42-28 Certificate of Occupancy or Compliance: An official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 167 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" legal use of the premises for which it is issued. 42-29 City: Shall mean the City of Coppell, Texas 42-30 City Council: The governing body of the City of Coppell, Texas 42-31 City Manager: The Chief City Administrative officer. 42-32 Clinic: The office of one or more medical doctors, dentists, optometrists, or similar members of the medical professions who may or may not have associated in the practice of their professions. 42-33 Cleaning: A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area. 42-34 Clustering: A land development concept whereby the buildings on a site are grouped closely together but not attached to allow for communal open space and economies in development. Clustering permits variation in lot size, shape and orientation without an increase in the overall density of the development. 42-34A Community Club any club, (other than a private club), service club, sorority, fraternity, lodge or other private organization or club where alcoholic beverages are not served pursuant to a private club permit issued by the State of Texas. 42-35 Concrete Block: Any of the molded load-bearing or non -load- bearing concrete units normally 811x 8"x 16". 42-36 Convalescent Home: Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. 42-37 College or University: An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools. 42-37 A Convenience Store: A small, drive -up type store which usually sells groceries. 42-38 Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 168 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent open space. 42-39 Coverage: The percent of a lot or tract covered by the first floor or the largest floor of a building or structure whichever is larger, including all covered porches, patios, garages, accessory buildings, etc. Unsupported roof overhangs and other allowed architectural projections shall be excluded from coverage computation. 42-39 A Curb line: A line created by following the edge of the street or curb. 42-39 B Cumulative Zoning: The successive addition of uses allowed in more restrictive zoning districts to lesser restrictive zoning districts. 42-40 Custom Personal Service: A tailor, shoe repair, barber, beauty shop, health studio or travel consultant. 42-41 Day Nursery or Day Care Center: An establishment where four (4) or more children are left for care or training during the day or portion thereof. 42-42 Density: The relationship of the total number of dwelling units to the area of the total site area commonly expressed as "dwelling units per acre." 42-43 Depth of Lot: The mean horizontal distance between the front and rear lot lines. See illustration # 12. 42-44 Development, or the Develop: The construction of a new building or any structure on a building lot, the relocation of an existing building on another building lot, or the use of open land for a new use. To "develop" is to create a development. 42-45 District: A zoning district which is a part of the City wherein regulation of this Ordinance is uniform. 42-46 Dwelling, One -Family: A dwelling having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders and lodgers. 42-47 Dwelling, Two -Family: A dwelling having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers. (Two boarders or lodgers to each unit). ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 169 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" 42-48 Dwelling, Multiple -Family: Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. 42-49 Dwelling Unit: A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and including facilities for food preparation and sleeping. 42-50 Family: Consists of one or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than four persons (excluding servants) who are living together in a dwelling unit. 42-51 Farm: An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. 42-52 Floor Area: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, or garages. 42-53 Floor Area Ratio (FAR): An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area. (See Appendix Illustration No. 15) 42-54 Garage, Private: An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is necessary. 42-55 Garage, Public: A building or portion thereof, other than a private or storage garage, designed or used for storing motor driven vehicles. 42-56 Gasoline Station or Filling Station: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 170 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" 42-57 Gross Acreage: The total size of the property including floodplains, easements, and other non -buildable areas located on the property. 42-58 Health Service: A charitable or government operated facility offering to the public medical examinations, diagnosis and limited treatment not for profit. 42-59 Heavy Load Vehicle: A self-propelled vehicle having a load capacity greater than one and one-half (11/2) tons, such as large recreation vehicles, tractor - trailers, buses, and other similar vehicles; the term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise. 42-60 Height: The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard roofs or, (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulk heads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. 42-61 Home Occupation: A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics: 1. The activity shall employ only members of the immediate family of the resident of the dwelling unit; 2. There shall be no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business; 3. Said home occupation shall not have a separate entrance for the business and shall not include appointed visits by the general public. Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the City to order a cease to all such activity within said dwelling unit. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 171 A0009009 SECTION 42 - "SPECIAL DEFINITIONS" 42-62 Hospital: A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities. 42-63 Hotel: An establishment offering lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is a non-residential use. 42-64 Household Appliance Service and Repair: An enclosed facility for repair of household and home equipment, including appliances, lawnmowers, power tools, radios, TV and similar items. 42-65 Junk or Salvage Yard: A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard and automobile parts yard. A "junk yard" does not include such uses conducted entirely within an enclosed building. 42-65 A Landscaping Contractors Yard: A lot upon which landscaping items such as trees, plants and shrubs may be stored for future sale. 42-66 Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having minimum dimensions of twelve (12) by sixty (60) feet for industrial and warehouse uses and twelve (12) by thirty (30) feet for commercial, retail and institutional uses with a vertical clearance of at least fourteen (14) feet, together with access and maneuvering areas provided on the same building lot as the principal use for which the loading space is intended. 42-67 Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. (See Appendix Illustration No. 12) 42-68 Lot Area per Dwelling Unit: The lot area required for each dwelling unit located on a building lot. 42-69 Lot, Corner: A building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed 135 degrees. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 172 A0009009 SECTION 42 - "SPECIAL DEFINITIONS" 42-70 Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective mid -points of the front lot line and rear lot line within the lot boundary. (See Appendix Illustration No. 12) 42-71 Lot Line: A boundary of a building lot. 42-72 Lot Line, Front: That boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as a front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. (See Appendix Illustration No. 11) 42-73 Lot Line, Side: That boundary of a building lot which is not a front lot line or a rear lot line. 42-74 Lot Line, Rear: That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line. 42-75 Lot of Record: An area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the County Clerk of Dallas County, Texas or an area of land held in single ownership described by metes and bounds upon a deed recorded of registered with the County Clerk. 42-76 Lot, Reverse Corner: A corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear. 42-77 Lot, Through: A "double frontage" lot is a building lot not a corner lot, both the front and rear lot lines which adjoin street lines. On a "through lot" both street lines shall be deemed front lot line. 42-78 Lot Width: The minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto. (See Appendix Illustration No. 11) 42-79 Manufactured Home: A factory -built dwelling unit, attached or detached, which is wholly or partially constructed away from its building lot and moved to a building lot where it is affixed or situated as a permanent building. A manufactured home is a residential use. A manufactured home shall not be construed to be a mobile home. ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended Through 91500-A-129) 173 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" 42-80 Masonry: Brick, stone, concrete or other similar materials but excluding stucco and "concrete blocks". The masonry requirement shall be computed for the area from the foundation to the top plate of the first floor and from plate to plate for each floor above the first. 42-81 Mobile Home: A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports, but which when properly equipped and situated can be towed behind a. motor vehicle. A trailer coach is a mobile home. 42-82 Mobile Home Park: Any premises on which two or more mobile homes are parked or situated and used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for two or more mobile homes whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park. 42-83 Modular Home: A factory -built dwelling unit, attached or detached, which is wholly or partially constructed away from its building lot and moved to a building lot where it is affixed or situated as a permanent building. A modular home is a residential use. A mobile home shall not be construed to be a modular home. 42-84 Motel, Motor Hotel, or Tourist Court: An establishment offering to the transient public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby. The establishment furnishes customary hotel services and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a non-residential use. 42-85 Motorcycle: A usually two -wheeled self-propelled vehicle having one or two saddles or seats, and may have a side car attached. For purposes of this ordinance, motor bikes, motorscooters, mopeds, and similar vehicles are classified as motorcycles. 42-86 Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal. 42-86 A Net Acreage: The total buildable area of a lot. Net acreage shall not include floodplain area, public rights-of-way, or other areas where buildings can not ZONING ORDINANCE CODE BOOK - 1996 Edition '(Ord. 91500, Amended %ough 91500-A-129) 174 ACYG09009 SECTION 42 - "SPECIAL DEFINITIONS" be located. 42-87 Nonconforming Use: Any building or land lawfully occupied by a use at the time of the adoption of this Ordinance or amendments thereto, not permitted by the use regulations, lot requirements or other regulations of this Ordinance of the district in which it is attained. 42-88 Noxious Matter: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. 42-89 Occupancy: The use or intended use of the land or buildings by proprietors or tenants. 42-90 Open Space: That part of a building lot, including courts or yards, which: 1. Is open and unobstructed from its lowest level to the sky, and 2. Is accessible to all residents upon a building lot, and 3. Is not part of the roof of that portion of the building containing dwelling units. 42-91 Open Storage: The storage of any equipment, machines, commodities, raw, semi -finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. 42-92 Parking Space: An enclosed or unenclosed all-weather surfaced area not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use. (Ord. 91500-A-105) 42-93 Patio Home: A single family detached dwelling unit on an individually platted lot. The structure is situated on or near one side lot line to facilitate use of the remaining side yard on the opposite side of the building. 42-93 A Planning Director: The administrative official responsible for the administration of this ordinance during the platting and/or rezoning process. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 175 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" 42-94 Planning and Zoning Commission: The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning and review of subdivision plats. 42-95 Plat: A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Coppell subject to review by the Planning and Zoning Commission and approval by the City. Reference to a Plat in the Ordinance means an official Plat of Record which has been reviewed by the Planning and Zoning Commission and approved by the City and filed in the plat records of Dallas County. 42-96 Premises: Land together with any buildings or structures occupying it. 42-97 Private Club: a club where alcoholic beverages belonging to members of the club are stored, possessed, mixed on the club premises and served for on - premises consumption to members of the club, their families and guests pursuant to a private club permit issued by the State of Texas. 42-98 Public Park: Any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the jurisdiction and control of the City. 42-99 Recreation Area: A privately owned park, playground, or open space maintained by a community club, property -owners association, or similar organization. 42-100 Residential Districts: Includes the following districts: SF -ED, SF -18, SF -12, SF -9, SF -7, SF -O, 2F-9, TH-1, TH-2, MF -1, MF -2 and MH. 42-100 A Residential Structure: Any single-family, multi -family, or apartment building, condominium project, town home, zero lot line home as defined by the Federal Department of Housing and Urban Development. 42-101 Rest Home or Nursing Home: A private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury. 42-102 Retail Stores and Shops: Facilities which offer all types of consumer goods for sale, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 176 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" 42-103 School: A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools. 42-104 Screening Device: A "screening device" shall consist of a barrier of stone, brick, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six (6) feet in height. 42-105 Servant's Quarters: An accessory building or portion of a main residential building located on the same lot as the principal residential building, occupied only by such persons and their families as are employed full time by the occupants of the principal residence. 42-106 Story: That part of a building between the surface of a floor and the ceiling immediately above. A standard story is eleven feet six inches (11'6"). 42-107 Street: A public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street. 42-108 Street, Private: A street which has no publicly dedicated right-of-way. 42-109 Street Line: A "street line" is the right-of-way of a street. 44-110 Stucco: A continuous plaster or mortar exterior veneer, finished by hand troweling over wire lath. 42-111 Tennis or Swim Club: A private recreational club with restricted membership, usually of less area than a Country Club, but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public. 42-112 Ton Plate Line: That point at which the ceiling plane of the upper most story intersects the vertical wall plane. 42-113 Townhouse: attached single family dwelling units on individually platted lots. 42-114 Toxic Materials: Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 177 AGG09009 SECTION 42 - "SPECIAL DEFINITIONS" amounts. 42-115 Use: The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or ;maintained, and shall include any manner of such activity with respect to the standards of this Ordinance. 42-116 Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use. 42-117 Video Amusement: Arcade and other commercial indoor coin operated amusement facility. 42-118 Visual Screen: A wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and six (6) feet above ground level. No wall shall exceed eight (8) feet in height. 42-119 Yard: An open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located. (See Appendix Illustration No. 13) 42-120 Yard, Front: A yard extending along the whole length of the front lot line between the side lot liens, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, planter box, unenclosed porches, and driveways. (See Appendix Illustration No. 13) 42-121 Yard, Rear: A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 178 A0009009 SECTION 42 - "SPECIAL DEFINITIONS" 42-122 Yard, Side: An open unoccupied space on the same lot with the building, situated between the building and the side property line of the lot, and extending through to the street or the front property line. (See Appendix Illustration No. 13) 42-123 Zoninp, District Map: The map or maps incorporated into this ordinance as a part thereof by reference thereto. Above section (Ord. 91500) except where noted. ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 179 ACYGO9009 SECTION 43 CERTIFICATES OF OCCUPANCY AND COMPLIANCE 43-1 Certificates of Occuvancv shall be required for any of the following: 1. Occupancy and use of a building hereafter erected or structurally altered. (Ord. 91500) 2. Change in use of an existing building to a use of a different classification. (Ord. 91500) 3. Occupancy and use of vacant land, except agricultural use. (Ord. 91500) 4. Change in the use of land to a use of a different classification. (Ord. 91500) 5. Any change in the use of a nonconforming use. (Ord. 91500) No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Inspector of Buildings. (Ord. 91500) 43-2 Procedure for New or Altered Buildings: Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within ten (10) days after a written request for the same has been made to said Building Inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance. (Ord. 91500) 43-3 Procedure for Vacant Land or a Change in Use: Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within ten (10) days after the application for same has been made. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 180 AGG09009 SECTION 43 - "CERTIFICATES OF OCCUPANCY" 43-4 Contents: Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and Ordinances. A record of all Certificates of Occupancy shall be kept in file in the office of the Building Inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected. (Ord. 91500) 43-5 Temporary Certificate: Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Building Official for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Ordinance. (Ord. 91500) 43-6 Certificates for Nonconforming Uses: A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Official by the owner or lessee of the building or landoccupied by such nonconforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Building Inspector to issue a Certificate of Occupancy for a lawful nonconforming use, but failure to apply for such Certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this Ordinance. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 181 AGG09009 SECTION 44 AMENDMENTS AND ADMINISTRATIVE PROCEDURES 44-1 Declaration of Policy: The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except: 1. To correct any error in the regulations or map. (Ord. 91500) 2. To recognize changed or changing conditions or circumstances in a particular locality. (Ord. 91500) 3. To recognize changes in technology, the style of living, or manner of doing business. (Ord. 91500) 44-2 Authority to Amend Ordinance: The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property. (Ord. 91500) Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit proof of ownership. (Ord. 91500) Minor corrections of any mistake or error involving a Zoning Ordinance or the Official Zoning Map can be made without the necessity of notice and public hearings normally required in connection with a change of zoning or other amendment to the Zoning Ordinance. (Ord. 91500) 44-3 Public Hearing and Notice: Prior to making its report to the City Council on a request for a change in a zoning district classification or boundary, the Planning and Zoning Commission shall hold at least one public hearing on each change. Written notice of all public hearings shall be sent to each ZONING ORDINANCE CODE BOOK - 1996 Edition "(Ord. 91500, Amended Through 91500-A-129) 182 A0009009 SECTION 44 - "AMENDMENTS AND ADMINISTRATIVE PROCEDURES" owner, as indicated by the most recently approved City tax roll, of real property, within two hundred (200) feet of the property on which the change in classification is proposed. The measurement of two hundred (200) feet includes streets and alleys. The notice may be served by its deposit in the City, properly addressed with postage paid, in the United States mail. (Ord. 91500-A-49) Notice must be given not less than ten (10) days before the date set for hearing. If the property within two hundred feet of the property on which the change is proposed is located in territory annexed to the City and is not include on the most recently approved City tax roll, the notice of the time and place of the hearing must be published in an official newspaper in the City. (Ord. 91500-A-49) Before the City Council holds the public hearing on a request for a change in zoning district classification or boundary, a notice of the time and place of the hearing must be published in the official newspaper in the City at least fifteen (15) days before the hearing. (Ord. 91500-A-49) 44-4 Failure to Appear: Failure of the applicant or his representative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall constitute sufficient grounds for the Planning and Zoning Commission to terminate the application. (Ord. 91500) 44-5 Commission Consideration and Report: The Planning and Zoning Commission, after the public hearing is closed, shall its report and recommendations on the proposed change to the City Council. (Ord. 91500) 44-6 Council Consideration 1. Proposal Recommended for Approval: When the final report of the Planning and Zoning Commission recommends approval of the zoning change or other amendments to the Zoning Ordinance, the report shall be forwarded to the City Council for public hearing thereon. (Ord. 91500) 2. Proposal Recommended for Denial: When the final report of the Planning and Zoning Commission recommends denial of a zoning change or other amendment to the Zoning Ordinance, the report shall be forwarded to the City Council and the applicant shall be notified. A hearing before the City Council shall be set on an application recommended for denial only when an appeal is filed by the applicant ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 183 AGG09009 SECTION 44 - 'AMENDMENTS AND ADMINISTRATIVE PROCEDURES', with the Planning Department, within fifteen (15) days from the date of the recommendation for denial. When the final report of the Planning and Zoning Commission recommends denial of a zoning change or other amendment to the Zoning Ordinance which application was originally initiated by the City Council, the report shall be forwarded to the City Council for public hearing. (Ord. 91500) 3. Council Hearing and Notice: Notice of the time and place of the public hearing before the City Council, shall be published one time in the official newspaper of the City at least fifteen (15) days prior to the date of the hearing. (Ord. 91500) 4. Three -Fourths Vote: The three-fourths vote provision shall be required under the following circumstances: a. The affirmative vote of at least three-fourths of all the members of the City Council shall be required to overrule a recommendation of the of the Planning and Zoning Commission that a proposed change be denied. (Ord. 91500) b. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the Council. The protest must be written and signed by the owners of at least twenty percent (20%) of either: (i) the area of lots or land covered by the proposed change; or (ii) the areas of lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area. In computing the percentage of land area, the area of streets and alleys shall- be included. (Ord. 91500) 44-7 Final Approval and Ordinance Adoption: A zoning change or an amendment to the Zoning Ordinance shall not become effective until after the adoption of an ordinance and publication of its caption as required by law. The adoption of the amending ordinance shall be accomplished as soon after the public hearing as practical. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 184 AGG09009 SECTION 45 APPLICATION AND FILING FEES 45-1 All owners, lessees or any other persons, firms or corporations making an application with the City of Coppell requesting a change, amendment or variance to the zoning ordinance applicable to his property shall be charged a mandatory fee for processing. 1. Standard Filing Fee - $500.00 minimum plus $10.00 per acre or portion thereof. (Ord. 91500) 2. Specific Use Permit - $200.00 minimum plus $5.00 per acre or portion thereof. (Ord. 91500) 3. Conceptual Plan - No charge when submitted with zoning request; $100.00 when submitted separately. (Ord. 91500) 4, Development Plan (Detail Site Plan) - $100.00. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 185 AGG09009 SECTION 46 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES 46-1 By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 186 AGG09009 SECTION 47 PENALTY FOR VIOLATIONS 47-1 Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense continues shall constitute a new and separate offense. (Ord. 91500) SECTION 48 VALIDITY 48-1 If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. (Ord. 91500) ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 9150, Amended Through 91500-A-129) 187 AGG09009 SECTION 49 EFFECTIVE DATE 49-1 This ordinance shall take effect immediately from and after publication of its caption, as the law in such cases provides. DULY PASSED AND ACCEPTED by the City Council of the City of Coppell, Texas, this the AZ2�— day of �, .., , 1991. APPROVED: t (�. Mayor City of Coppell, Tex ATTEST: City Secre City of Coppell, Texas APPROVED AS TO Lawtence W. Jackson City Attorney ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500; Amended Through 91500-A-129) 188 A0009W9 APPENDIX ILLUSTRATIONS ZONING ORDINANCE CODE BOOK - 1996 Edition *(Ord. 91500, Amended Through 91500-A-129) 189 AGG09009 CURE OR I STOP AREA TO 3E i C'.°AR .JL30v? r A i:..GiiT OF 3' i 2'O" t--!7' _4'0• 6'� V�kC3 OF � - • ` o 90 DLC?JE _zY0 T yY; T ilTO - liki AY P r � C 'icte. F!: _ !&=es. .-e_ required. mast be at !east 2A' tide 1 AREA TO 3E CLZUR Aacvz A MGE 07 3 'T 70 EDGE AREA TO BE C1.ZLR ABOVE A i,MGHT OF 8" 2'0" OF CURB OR iPFB:..L 5R F rRE LA.% G 60 DEGREE TWO-WAY 1 LAYOUT W/ TRAFFIC Vote: Fire lanes, when required, must be at least 2=' wide 2 AREA TO BE CLEAR ABOVE A HEIGHT OF 8" IT TO EDGE OF PAVEMM .UREA TO BE =TAR ABOVE A HEIGHT OF E 1'S' TO EDGE ?AVmXN FIRE U%rr. 45 DEGREE LAYOUT W/ TWO-WAY TRAFFIC 'iote: :ire Innes, when racui:ec. ust be at !east 21' wide 3 AREA TO BE CLEAR ABOVE A HEIGHT OF T FACE CURB AREA TO BE CLEAR ABOVE A HEIGHT OF F 2 r'Troo no ve,e.c+, --- IRE LANE 60 DEGREE LAYOUT W/ ONE-WAY TRAFFIC Mote: --ire lanes, when required, must be at least 24' wide al AREA TO BE CLEAR A -JOVE A HEIGHT OF o EDGE OF FA17 ENT AREA TO BE CLEAR ABOVE AMGh-TOFF F IPW LAX ; 45 DEGREE LAYOUT W/ ONE-WAY TRAFFIC Yc a: ?ire lanes, when required, must '--e at least 2Y wide 0 AREA TO BE CLEAR ABOVE A HEIGHT OF T EDGE 'AVEME: iT