Loading...
OR 297 Amends Basic Zoning Ordinance No. 204 ORDINANCE NO. 297 TABLE OF CONTENTS SECTION TITLE PAGE NO. NO. 1 Enacting Clause ....................................... 3 2 Purpose ............................................... 3 3 Zoning Districts Established .......................... 3 4 Zoning District Map ................................... 6 5 Zoning District Boundaries ............................ 6 6 Temporary Zoning - Annexed Territory .................. 8 7 Compliance Required ................................... 8 8 "A" - Agricultural .................................... 9 9 "SF-ED" - Single Family Residential Estate District ................................... 11 10 "SF-18" - Single Family Residential District Regulations ....................................... 13 11 "SF-12" Single Family Residential District Regulations ....................................... 16 12 "SF-9" Single Family Residential District Regulations ....................................... 17 13 "SF-7" Single Family Residential District Regulations ....................................... 18 14 "SF-0" Single Family Residential - Zero Lot Line ...... 20 15 "2F-9" Two Family Residential - 9 District Regulations. 22 16 "TH-i" Townhouse Residential - 1 District Regulations.. 24 17 "TH-2" Townhouse Residential - 2 District Regulations ....................................... 26 18 "MF-I" Multi - Family Residential District Regulations. 28 19 "MF-2" Multi-Family Residential - 2 District Regulations ....................................... 31 20 "MH" Mobile Home Park District Regulations ............ 33 21 "0" Office District Regulations ....................... 34 22 "R" Retail District Regulations ........................ 37 23 "C" Commercial District Regulations ................... 39 24 "TC" Town Center District Regulations .................. 41 25 "LI" - Light Industrial District ...................... 45 26 "HI" - Heavy Industrial District Regulations ........... 48 27 "PD" Planned Development District Prefix .............. 50 28 "FP" - Flood Plain District ........................... 55 29 "S" or "SUP" - Specific Use Permits ................... 56 30 Off - Street Parking Requirements ..................... 67 31 Special and Additional Regulations .................... 74 32 Screening Standards ................................... 78 33 Landscaping Requirements ............................... 81 34 Accessory Building Regulations ........................ 85 35 Glare and Lighting Standards .......................... 88 36 Platting Property Not Permanently Zoned ............... 88 37 Classification of New and Unlisted Uses ............... 89 38 Creation of Building Site ............................. 89 39 Nonconforming Uses and Structures ..................... 90 40 Zoning Board of Adjustment ............................ 91 41 Special Definitions ................................... 95 42 Certificates of Occupancy and Compliance ............. 108 TABLE OF CONTENTS (Continued) SECTION TITLE PAGE NO. NO. 43 Changes and Amendments to Ail Zoning Ordinances and Districts and Administrative Procedures .......... 110 44 Application and Filing Fees .......................... 112 45 Preserving Rights In Pending Litigation and Violations Under Existing Ordinances ............. 113 46 Penalty for Violations ............................... 113 47 Validity ............................................. 113 48 Declaration of Necessity ............................. 114 CITY OF COPPELL, TEXAS ZONING ORDINANCE ORDINANCE NO. 297 AN ORDINANCE AMENDING THE BASIC ZONING ORDINANCE NO. 204 OF THE CITY OF COPPELL, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 23RD DAY OF OCTOBER, 1979, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN; REGULAT- ING 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 SPECIFIC 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 REQ~RED FLOOR AREAS FOR DWELLING UNITS AND THE TYPE OF EXTERIOR CONSTRUCTION IN THE VARIOUS DISTRICTS; REGULATING THE DENSITY OF DWELL- INGS 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 DISTRICTS 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 ADJUST- MENT AND DEFINING ITS POWERS AND DUTIES, PROVIDING A PENALTY FOR VIO- LATION; PROVIDING FOR NON-CONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN ITEMS; PROVIDING FOR A CERTIFICATE OF OCCUPAN- CY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ( $200 o 00) FOR EACH OFFENSE: PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNrDER THE EXIST- ING 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, WHEREAS, the Zoning Commission thoroughly studied and did recommend that a joint public hearing be held by the City Council and the Zoning Commission concerning revisions in the Zoning Ordinance; and, WHEREAS, pursuant to such recommendation, a joint public hearing was held on December 8, 1983, after written notice was mailed to all owners of real property as their names appeared upon the last approved tax roll, at least fifteen days before the date set for hearing in accordance with Article 1011e, Texas Revised Civil Statutes and notice was published in a paper of general circulation in the City of Coppell in accordance with Article 1011d, Texas Revised Civil Statutes; and, WHEREAS, the Planning and Zoning Commission, after public hearing, reviewed all testimony and requests and did present to the City Council the revised Zoning Ordinance in final form recommending its adoption: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF Coppell, TEXAS: 2 SECTION 1 ENACTING CLAUSE 1-100 That the Zoning Ordinance of the City of Coppell, Texas, as passed and approved on the 23rd day of October, 1979, together with all amendments thereto is hereby amended in its entirety to read as follows: SECTION 2 PURPOSE 2-100 The Zoning Regulations and Districts as herein established have been made in accordance with a 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, sewerage, schools, parks and other public requirements. They have been made with reasonable consid- eration, among other things, for the character of the dis- trict, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of build- ings and encouraging the most appropriate use of land through- out the City. SECTION 3 ZONING DISTRICTS ESTABLISHED 3.1 The City of Coppell, Texas, is hereby divided into twenty-two(22) 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 SF-O Single Family Residential - Zero Lot Line 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 MF-2 Multi-Family Residential District - 2 MH Mobile Home Park District O Office District 3 R Retail District C Commercial District TC Town Center District LI Light Industrial District HI Heavy Industrial District PD Planned Development District FP Flood Plain District S Specific Use Permit 3.2 DEFINITION AND PURPOSE OF ZONING DISTRICTS A - A~ricultural 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. SF-ED - Sin~le-Famil~ Residential - Estate District - This district is intended to be composed of single-family detached dwellings on lots not less than one acre (43560 sq. ft.). SF-18 - Single-Family Residential District. This district is intended to be composed of Single-Family detached dwellings on lots not less than eighteen thousand (18,000) square feet. 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. 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 together. SF-7 - Single-Family Residential District. This district is intended to composed of Single-Family detached dwellings on lots not less than seven thousand (7,000) square feet. SF-0 - Single-Family Residential-Zero Lot Line. This district is intended to be composed of Single-Family detached dwellings on lots not less than (4,000) four thousand square feet. 2F-9 - Two Family Residential District. This district pro- vides a low-density dwelling classification in the form of two-family or duplex dwellings and to facilitate individual ownership of each unit. 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 2720 square feet per dwelling unit. TH-2 - Town House Residential District - 2. This district is intended to 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 2000 square feet per dwelling unit. MF-1 - Multi-Family Residential District. This district is intended to be comprised of attached dwellings for more than two families. The maximum density is 18 units per acre (with conditions). MF-2 - Multi-Family Residential District. This district is intended to be comprised of attached dwellings for more than two families. The maximum density is 24 units per acre. (With conditions). MM - Mobile Home Park District. This district is intended for the management and maintenance of a Mobile Home Park, recre- ational building, swimming pool, private club, laundry and storage facilities for use of the residents of the mobile home park. O - Office - This district is intended to be composed of professional and administrative offices and medical services activities and related supporting services. R - Retail District - This district provides for areas of convenience shopping and other residential service oriented businesses. C - Commercial District. This district concentrates business warehouse and service activities not normally locating within retail service centers. 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 commu- nity. LI - Light Industrial District. This district permits those industries and manufacturing plants that are predominantly 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. 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. PD - Planned Development District. This district provides flexibility in planninE and development throuEh the 5 combination of uses. The PD prefix may be attached to any district as outlined in this ordinance. FP - Flood Plain - Prefix - When added to any of the afore- listed districts, the prefix specifies a sub-district subject to the provision of Section 28. 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: a. 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. b. One copy shall be filed with the Building Official and shall be maintain 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. c. One copy shall be maintained in the records of the Planning and Zoning Commission for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments. d. 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. 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 EX- TENSIONS THEREOF. WHERE UNCERTAINTY EXISTS AS TO THE BOUND- ARIES OF DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAP, THE FOLLOWING RULES SHALL APPLY: 6 5-2 Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of such street, highway or alley. 5-3 Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. 5-4 Boundaries indicated as approximately following city limits shall be construed as following city limits. 5-5 Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be inter- preted to be midway between the right-of-way lines. 5-6 Boundaries indicated as approximately following the centerlines of streams, drainage-ways or other bodies of water shall be construed to follow such centerlines. 5-7 Boundaries indicated as paralleled to or extensions of fea- tures indicated in 5-1 through 5-6 above shall be so con- strued. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the Map. 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 centerline of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts. 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 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. 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. 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 REGU- LATIONS. 6-2 In an area temporarily classified as "A", Agricultural Dis- trict: a. 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 Certifi- cate of Occupancy from the Building Official or the City Council as may be required. b. 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 6-2c. following. c. An application for a permit for any other use than that specified in paragraph b. 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. SECTION 7 COMPLIANCE KEQUIKED 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 PROVID- ED. 8 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, A Agricultural Districts, will be near development; therefore, the agricul- tural activities conducted in the A, 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. 8.0 Permitted Uses - 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. 2. Ail 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. 3. Public buildings, including libraries, schools, churches, museums, auditoriums, police and fire stations, and similar public uses or facilities. 4. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. 5. Accessory buildings and structures clearly incidental to the above operations, including but not limited to barns, stables, equipment sheds, granaries, private garages, pump houses, and servants quarters not for rent, provided that accessory buildings and structures shall be limited to fifty (50) percent of the area of the principal dwelling. 6. Temporary metal buildings less than six hundred (600) square feet which are used for tool and supply storage. 7. Greenhouse, green nursery and general gardening activ- ities. 8. Riding Academy or other equestrian related activities. 9. Sewage treatment plant. (public operated) 10. Water Treatment plant. 11. Such uses as may be permitted under the provisions of Specific Use Permits, Section 29.4. 8.1 Height Regulations - No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 8.2 Area Regulations: 1. Size of Yards (a) Front Yard: There shall be a front yard of not less than 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. 2. Size of Lot: (a) Lot Area: No lot shall have an area of less than three (3) acres. (b) Lot Width: Two hundred (200) feet minimum. (c) Lot Depth: Three hundred (300) feet minimum. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be two thousand four hundred (2400) square feet exclu- sive of garages, breezeways and porches. 4. Lot Coverage: In no case shall more than ten (10) per cent of the total area of the lot be covered by the combined area of the main buildings and accessory buildings. 8.3 Parkin~ 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 30. 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 exclusive of doors, windows, and the area above the top plate line. Each story above the 10 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. Stucco type construction is permitted only by a specific use permit. SECTION 9 "SF-ED" - SINGLE FAMILY RESIDENTIAL - ESTATE DISTRICT General Purpose and Description of the Single Family Dis- tricts: 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, attractive- ness, 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. 9.0 Permitted Uses: A building or premise shall be used only for the following purposes: 1. Single-family dwellings. 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 prem- ises. 3. The keeping of dogs, cats, and other normal household pets, but limited to four (4) animals over six (6) 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. 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. 5. Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities. 6. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. 7. Public schools (Kindergarten through high school) 11 8. Temporary buildings for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of con- struction work. 9. Water supply reservoirs, pumping plants and towers. 10. 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 except as provided herein: (a) The term accessory use shall include customary home occupations as herein defined. Accessory buildings, including a private garage, bona fide servants quarters, not for rent but for the use of servants employed on the premises, when located not less than sixty (60) feet from the front lot line, nor less than five (5) feet from either side line, provided said accessory building shall not occupy more than fifty (50%) per cent of the minimum required rear yard in the case of a one-story building. When the accessory building is directly attached to the main building it shall be considered an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway is considered a part of the accessory building. Temporary metal buildings less than six hundred (600) square feet which are used for tool and supply storage. 11. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. 12. Sewage treatment plant (Public Operated). 13. Water treatment plant. 14. Non-commercial stables as an accessory use to the housing of animals owned by the resident. 15. Such uses as may be permitted under the provisions of Specific use permits, Section 29.5. 9.1 Height Regulations: No buildings shall exceed thirty five (35) feet or two and one-half (2-1/2) stories in height. 9.2 Area Regulations: 1. Size of Yards: (a) Front Yards: Fifty (50) feet minimum. 12 (b) Side Yard: Ten (10%) per cent of the width of the lot not to exceed thirty (30) feet maximum. (c) Rear Yard: Twenty (20) feet minimum 2. Size of Lot: (a) Lot Area: One (1) acre (43560 sq. ft.) minimum. (b) Lot Width: One hundred fifty (150) feet minimum. (c) Lot Depth: Two hundred fifty (250) feet minimum. 3. Minimum Dwelling Size: Two thousand four hundred (2400) square feet, exclusive of garages, breezeways and porches. 4. Lot Coverage: In no case shall more than twenty (20%) per cent of the total area of the lot be covered by the combined area of the main buildings and accessory buildings. 9.3 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 specific uses set forth in Section 30. 9.4 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 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. Stucco type construction is permitted only by a specific use permit. SECTION 10 "SF-18" - SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 10.0 Permitted Uses: A building or premise shall be used only for the following uses: 1. Single-family dwellings. 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 prem- ises. 3. The keeping of dogs, cats, and other normal households pets, but limited to three (3) animals over six (6) months old. No more than three (3) large animals, specifically horses, cattle and sheep, can be maintained 13 per acre of lot area. Swine and poultry are expressly prohibited. 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. 5. Public buildings, ~n~luding libraries, museums, police and fire stations, and similar public uses or facilities. 6. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. 7. Public schools (kindergarten through high school). 8. Temporary buildings for used incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of con- struction work. 9. Water supply reservoirs, pumping plants and towers. 10. 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 except as provided herein: (a) The term accessory use shall include customary home occupations as herein defined. Accessory buildings, including a private garage and bona fide servants quarters, not for rent but for the use of servants employed on the premises, when located not less than sixty (60) feet from the front lot line, nor less than five (5) feet from either side line, provided said accessory building shall not occupy more than fifty (50%) per cent of the minimum required rear yard in the case of a one-story building. When the accessory building is directly attached to the main building it shall be considered an integral part of the main buildings. When the accessory building is attached to the main building by a breezeway, the breezeway is considered a part of the accessory building. Temporary metal buildings less than six hundred (600) square feet which are used for tool and supply storage. 11. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. 12. Sewage treatment plant (Public Operated) 13. Water treatment plant. 14 14. Non-commercial stables as an accessory use to the housing of animals owned by the resident. 15. Such uses as may be permitted under provisions of Specific Use Permits, Section 29.6. 10.1 Height Regulations: No buildings shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 10.2 1. Area Regulations: (a) Front Yard: There shall be a front yard having a depth of not less than 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. No required parking shall be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten (10%) percent of the lot width. 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 twenty-five (25) feet. (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot of less than eighteen thousand (18,000) square feet. (b) Lot Width: One hundred (100) feet. (c) Lot Depth: One hundred fifty (150) feet. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be two thousand (2000) square feet, exclusive of ga- rages, breezeways, and porches. 4. Lot Coverage: In no case shall more than twenty-five (25%) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 10.3 Parking Regulations: Two enclosed parking 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 30. 10.4 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 exclusive of doors, windows, and the area above the top plate line. Each story above the 15 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. Stucco type construction is permitted only by a specific use permit. SECTION 11 "SF-12" SINGLE FAMILY P. ESIDENTIAL DISTRICT REGULATIONS 11.1 Permitted Uses: A building or premise shall be used only for the following purposes: 1. Any use permitted in the SF-18 district. Uses permitted by Specific use permit only 2. Any use permitted in the SF-18 district. 3. Such uses as may be permitted under provisions of Specif- ic Use Permits, Section 29.6. 11.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 11.3 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a depth of not less than 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. No required parking shall be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than (10%) per cent of the lot width. 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 twenty-five (25) feet. (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot of less than twelve thousand (12,000) square feet. (b) Lot Width: The width of the lot shall be not less than eighty-five (85) feet. (c) Lot Depth: The average depth of the lot shall not be less than 110 feet. 16 3. Minimum Dwellin~ Size: The minimum floor area of any dwelling shall be eighteen hundred (1,800) square feet, exclusive of garages, breezeways and porches. 4. Lot Coverage: In no case shall more than thirty-five (35%) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11.4 Parkin~ 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 29. 11.5 T~pe of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction 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. Stucco type construction is permitted only by a specific use permit. 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 District "SF-18", "SF-12", Section 29.6. 2. Such uses as may be permitted under the provisions of Specific Use Permits in the SF-18, SF-12 districts. 12.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 12.3 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a depth of not less than 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. No required parking shall be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than eight (8) feet. 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 twenty-five (25) feet. 17 (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot of less than nine thousand (9,000) square feet. (b) Lot Width: The width of the lot shall be not less than seventy-five (75) feet at the front street building line. (c) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. 3. Minimum Dwellin~ Size: The minimum floor area of any dwelling shall be sixteen hundred (1,600) square feet, exclusive of garages and breezeways and porches. 4. Lot Coverage: In no case shall more than thirty-five (35) per cent of the total lot area be covered by the combined area of the main buildings and accessory build- ings. 12.4 Parkin~ 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 specific uses set forth in Section 29. 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 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. Stucco type construction is permitted only by a specific use permit. 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 District "SF-18", "SF-12", "SF-9". 2. Such uses as may be permitted under the provisions of specific use permits in the "SF-18", "SF-12", "SF-9" Districts, Section 29.6. 13.2 Height Regulations: No building shall exceed thirty-five (35) feet or two (2) stories in height. 18 13.3 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a depth of not less than thirty (30) feet. Where lots have double frontage, running through from street to another, the required front yard shall be provided on both streets. No required parking shall be allowed with the required front yard. (b) Side Yard: There shall be a side yard on each side of the lot having a width of no less than eight (8) feet. 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 twenty-five (25) feet. (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot less than seven thousand (7,000) square feet. (b) Lot Width: The width of the lot shall not be less than sixty-five (65) feet at the front street building line. (c) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be twelve hundred (1,200) square feet, exclusive of garages, breezeways, and porches. 4. Lot Coverage: In no case shall more than forty (40%) per cent of the total area be covered by the combined area of the main buildings and accessory buildings. 13.4 Parking R~gulations: 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 specific uses set forth in Section 30. 13.5 ~ype of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction 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. Stucco type construction is permitted only by a specific use permit. 19 SECTION 14 "SF-O" SINGLE FAMILY RESIDENTIAL - ZERO LOT LINE 14.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the SF-7 districts. 2. Zero lot line residential detached dwelling in a platted subdivision. 3. Clustering of detached single family units on private streets or approved places are permitted when the density does not exceed an average of six (6) units per acre and subdivision and engineering design standards are approved as part of a final plat or site plan. 4. Common open space, community center, recreational build- ings and facilities provided they are incidental to the above described residential uses and are approved on a final plat. Homeowners association rules and by-laws shall be approved by the City Planning Commission and City Council. 5. Such uses as may be permitted under the provisions of Specific Use Permits, Section 29.6. 14.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 14.3 Area Regulations: 1. Size of Yards (a) Front Yard: There shall be a front yard having a depth of not less than fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodat- ing the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a dedicated or private street. Where lots have double frontage, from one street to another, the required front yard shall be provided on both streets. No required parking shall be allowed within the required front yard. A fence may be permitted within the front yard set back, provided it is no closer than ten (I0) feet to the street right-of-way and the fence is constructed 2O of masonry and shall not exceed six (6) feet in height. A minimum opening of eight (8) feet is required in any fence in the front yard for the purpose of emergency access. (b) Side Yard: No side yard is required on one side of the lot. A minimum of ten (10) feet separation is required between structures. A side yard adjacent to a street shall not be less than fifteen (15) feet. No side yard for allowable non-residential uses shall be less than twenty-five (25) feet. Any required off-street parking space within a side yard area on a corner lot shall observe a twenty (20) foot side building line. Each lot shall provide an access or use easement from the lot adjacent to the zero side to allow the adjacent property owner access for maintenance of his dwelling. The majority of one side of the structure shall be located within three (3) feet of one side lot line. (c) Rear Yard: There shall be a rear yard, a depth of not less than five (5) feet; however, a twenty (20) foot rear 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 dedicated or private alley. 2. Size of Lot (a) Lot Area: No structure shall be constructed on any lot less than four thousand (4000) square feet. (b) Lot Width: The width of the lot shall be not less than ten (10) feet at the building line with an average width of thirty (30) feet. (c) Lot Depth: The depth of a lot shall not be less than eighty (80) feet at any point. 3. Minimum Dwelling Size: The minimum floor area of any dwelling unit shall be twelve thousand (1200) square feet exclusive of garage, breezeways, and porches. 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 main buildings and accessory buildings. 21 14.4 Parkin~ Regulations - Two enclosed off-street parking spaces shall be provided behind the front building line for each unit in accordance with the requirements in Section 30. 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 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. Stucco type construction is permitted only by a specific use permit. SECTION 15 "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. 15.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the SF-0 district. 2. Two family residence (duplex) 3. Such uses as may be permitted in Specific Use Permits, Section 29.6. 15.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 15.3 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a required depth of not less than thirty (30) feet. No required parking shall be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of a continuous row or group of dwellings of not less than ten (10) feet. 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 twen- ty-five (25) feet. (c) Rear Yard: 20 feet minimum. 22 2. Size of Lot: (a) Lot Area: No buildin~ shall be constructed on any lot of less than nine thousand (9000) square feet or four thousand five hundred (4500) per unit. (b) Lots in the SF-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 SF-9 District are not platted in pairs, the lots may be further resubdivided into two (2) sepa- rate lots (but no such further resubdivision shall be permitted) by metes and bounds survey prepared by li- censed surveyor of the State of Texas, such resubdivision 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(l) dwelling unit per parcel, and no single-family detached dwelling may be constructed on one of the resubdivided parcels. (d) Lot Width: The width of the lot shall be determined by the construction width of individual dwelling units or continuous rows or groups of dwelling units considering side yards as required above, but in no case shall a lot width be less than eighty (80) feet. (e) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. 3. Minimum Dwellin~ Size: The minimum floor area of any dwelling unit shall be one thousand two hundred (1200) square feet exclusive of garages, breezeways, and porches. 4. Lot Coverage: In no case shall more than forty (40%) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 15.4 Parkin~ 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 specific uses set forth in Section 30. 15.5 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 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 23 eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. Stucco type construction is permitted only by a specific use permit. SECTION 16 "TH-l" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The TH-1 and TH-2 District is intended to provide for medium density dwellings platted on individual lots. These districts function as a buffer or transition between major streets or non-residential areas or higher density zones and lower density residential areas. 16.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "2F-9". 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. 3. Any uses permitted by specific use permit, Section 29.6. 16.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 16.3 Area Re~ulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a required depth of not less than twenty-five (25) feet. Required parking shall not be allowed within the required front yard. (b) Side Yard: There shall be a side yard on each side of a continuous row or group of dwellings of not less than ten (10) feet. 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 twen- ty-five (25) feet. (c) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) Feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot less than two thousand seven hundred twenty (2720) square feet, or equivalent thereof, per dwelling unit. 24 (b) Lot Width: The width of a lot shall be not less than twenty-five (25) feet at any point. (c) Lot Depth: The depth of a lot shall be not less than one hundred (100) feet at any point. 3. Minimum Dwelling Size: The minimum floor area of any dwelling unit shall be one thousand (1000) square feet, exclusive of garages, breezeways, and porches. The total average for the entire project shall be one thousand three hundred (1300) square feet. 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. 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 specific uses set forth in Section 30. 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. 16.5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of ali structures shall be of masonry construction exclusive of doors and windows. Twenty-five (25%) of each story above the first story may be masonry if approved by specific use permit. Stucco type exteriors are permitted by specific use permit only. 16.6 Single-Family detached, patio home or zero lot line type and two family dwellings constructed in the TH-1 district shall conform to the SF-7,SF-0 and 2F-9 district standards respec- tively. 16.7 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. 16.8 Mechanical Equipment: Mechanical equipment shall be con- structed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. 25 SECTION 17 "TH-2" TOWNHOUSE RESIDENTIAL - 2 DISTRICT REGULATIONS 17.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "TH-l" 2. Clustering ( see definition, "Cluster") of attached or detached single family units on private streets or places are permitted when subdivision and engineering design standards are approved as part of a final plat or site plan. 3. Two (2) 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. 4. Common open space, community center, recreational build- ings 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 City Planning Commission and City Council. 5. Such uses as may be permitted under provisions of Specif- ic Use Permits, Section 29.6. 17.2 Height Regula.~ions: No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height. 17.3 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a depth of not less than fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodat- ing the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a dedicated or private street. (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 struc- tures 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 26 shall not be less tan 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. (c) Rear Yard: There shall be a ten (10) foot minimum rear yard as measured from the property line on a platted lot, or twenty (20) feet separation between structures located on the same lot. 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. 2. Size of Lot: (a) Lot Area: No structure shall be constructed on any lot less than two thousand (2000) square feet, or equivalent of, per dwelling unit. (b) Lot Width: The width of th~ lot shall not be less than ten (10) feet at the front line; however, its average width shall be not less than twenty-five (25) feet. (c) Lot Depth: There shall be no required lot depth. 3. Minimum Dwellin~ 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. 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. 17.4 Parkin~ 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 specific uses set forth in Section 30. 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. 17.5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of all structures shall be of masonry construction exclusive of doors and windows. Twenty-five 27 (25%) of each story above the first story may be masonry if approved by specific use permit. Stucco type exteriors are permitted by specific use permit only. 17.6 Outside storage areas shall be enclosed and screened from public view. 17.7 Single-Family detached, "zero lot line" type and two family dwellings constructed in the TH-2 district shall conform to the SF-7, SF-O and 2F-9 district standards respectively unless approved on a final plat or site plan according to section 17.1, 2-3. 17.8 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. 17.9 Mechanical equipment: Mechanical equipment shall be con- structed, located and screened so as not in interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. SECTION 18 MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The MF-1 and MF-2, Multi- ple Family Dwelling Districts are residential attached dis- tricts intended to provide for the highest residential density ranging from sixteen (16) dwelling units per acre to twenty- four (24) dwelling units per 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 townhouses. 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. The Districts are 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. MF- 1 18.1 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 TH-2 2. Multi-Family Dwelling (Apartment Building) 28 3. Day Nurseries. 4. Hospitals, clinics, and sanitariums, except a criminal, mental or animal hospital. 5. Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution. 6. Nursing and convalescent homes. 7. Private clubs and fraternal orders when not operated for private profit. 8. Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involv- ing the conduct of a retail business. 9. Such uses as may be permitted under a Specific Use Permit, Section 29.6. 18.2 Height Regulations: No building shall exceed forty-five (45) feet or three (3) stories high. 18.3 Area Regulations: 1. Size of Yards: (a) Front Yard: Twenty-five (25) feet minimum. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than 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. (c) Rear Yard: Twenty (20) feet minimum. (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. No three (3) story structures are permitted within (100) one hundred feet of a single family zoning district line or use. 2. Size of Lot: (a) Lot Area: Two thousand seven hundred twenty (2720) square feet per dwelling unit or 16 dwelling units per 29 acre (calculated on gross acreage). For exceptions see 18.4. (b) Lot Width: 70 feet minimum as measured along the front building line. (c) Lot Depth: The average depth of the lot shall not be less than one hundred (100) feet. 3. Minimum Dwellin~ Size: The minimum living area for Mul- ti-Family Dwelling units, "MF-I" shall be as follows: (a) One (1) Bedroom Apartment - 650 square feet. (b) Two (2) Bedroom Apartment - 800 square feet. (c) Three (3) Bedroom Apartment - 1000 square feet. Maximum number at three (3) bedroom units shall be fifteen (15%) per cent of the total units. 4. Lot Coverage: In no case shall more than forty (40%) per cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 18.4 Parkin~ 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 specific uses set forth in Section 30. If covered parking spaces for at least 50% of the total dwelling units is provided, the density may be increased to 18 dwelling units per acre (or 2420 sq. feet per unit). 18.5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of all structures shall be of masonry type (see def.) construction exclusive of doors and windows. Twenty-five (25%) of each story above the first story may be masonry or stucco if approved by specific use permit. 18.6 Single Family Detached, Single Family Zero Lot Line, Two Family (duplex), and Townhouse construction in this district shall conform to the SF-7, SF-O, 2F-9 and TH-1 district standards respectively. 18.7 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. 3O 18.8 Mechanical Equipment: Mechanical equipment shall be con- structed, located and screened so as not in interfere with the peach, comfort and repose of the occupant(s) of any adjacent building or residence. 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 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. SECTION 19 "MF-2" MULTI-FAMILY RESIDENTIAL 2 DISTRICT REGULATIONS 19.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "MF-i". 2. Any use permitted by Specific Use permit, Section 29.6. 19.2 Height Regulations: No building shall exceed forty-five (45) feet or three (3) stories in height. 19.3 Area Regulations: 1. Size of Yards: (a) Front Yard: Twenty-five (25) feet minimum. (b) Side Yard: There shall be a side yard on each side of the lot having a width of not less than 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 the side yard is adjacent to a single family district or use then paragraph "d" below shall apply. (c) Rear Yard: Twenty (20) feet minimum. 31 (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. No three (3) story structures are permitted within 100 feet of a single family residential zoning district line or use. 2. Size of Lot: (a) Lot Area: 1980 square feet per dwelling unit or 22 dwelling units per acre (exceptions-see sections 19.4 and calculated on gross acreage). (b) Lot Width: The width of the lot shall not be less than fifty (50) feet at the front street building line. (c) Lot Depth: The average depth of the lot shall be not less than one hundred (100) feet. 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 Apts. 600 - c. Two (2) Bedroom Apts. 700 - d. Three (3) Bedroom Apts. 900 10% 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. 19.4 Parking Regulations: Two (2) spaces for every 1 and 2 bedroom unit and 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 specific uses set forth in Section 30. If one-half (½) of the required amount of parking is covered an additional two (2) dwelling units per acre is permitted (for a total of 1815 square feet per unit or 24 dwelling units per acre). 19.5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior of all structures shall be of masonry type (see def.) construction exclusive of doors and windows. Twenty-five (25%) of each story above the first story may be masonry or stucco if approved by specific use permit. 19.6 Single Family Detached, Single Family Zero Lot Line, Two Family (duplex) and Townhouse construction in this district shall conform to the SF-7, SF-O, 2F-9 and TH-2 district standards respectively. 32 19.7 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 balcomy or patio fronts a public street, a solid sight barring fence or wall is required to screen such balcony or patio from view. 19.8 Mechanical E~uipment: Mechanical equipment shall be con- structed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. 19.9 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. SECTION 20 "MM" MOBILE HOME PARK DISTRICT REGULATIONS General Purpose and Description: The MM-Mobile Home district is intended to provide for quality mobile home subdivision development containing many of the characteristics and atmo- sphere of a standard single family subdivision. 20.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. A mobile home park. 2. Such uses as are normally accessory to a mobile 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 facil- ities and storage facilities for use of the residents of the mobile home park, and open recreation areas. 3. Any uses permitted in the MF-1 district. 4. Such uses as may be permitted under the provisions of Specific Use Permits, Section 29.6. 33 20.2 Height. Regulations: Fifteen (15) feet maximum 20.3 Area Regulations: 1. Size of Yards: (a) Front Yard: 30' from a dedicated street 15' from any private street or drive (b) Side Yard: 5' minimum 20' minimum between mobile homes 20' minimum from district line (c) Rear Yard: 10' minimum 20' from district line 2. Size of Lot: (a) Lot Area: 4500' square feet per unit (b) Lot Width: 40' minimum (c) Lot Depth: 95' minimum 3. Minimum Dwelling Size: 480 square feet 4. Lot Coverage: N/A 20.4 Parkin5 Requirements: 2 spaces per unit located on the lot plus additional spaces for accessory uses as required in Section 30. 20.5 Maximum area for a mobile home park is thirty-five (35) acres and the minimum area required twenty (20) acres. 20.6 Single Family Detached, Single Family Zero Lot Line, Two Family (duplex), Townhouse, and Multiple Family construction in this district shall conform to the SF-7, SF-O, 2F-9, TH-i, MF-1 district standards respectively. SECTION 21 "O" OFFICE DISTRICT REGULATIONS 21.1 General Purpose and Description: The "O" 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. 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 34 the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. 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 15. Fraternal club or lodge. 16. Postal facilities. 17. Crop production. 18. Municipal buildings. 19. Churches or rectory. 20. Telephone exchange. 21. Golf course or country club. 22. Such uses as may be permitted under the provisions of Section 29.7, Specific Use Permits. 21.2 Height Regulations: Maximum height of one hundred fifteen (115) feet or 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, SF-O, 2F-9, TH-1 or TH-2. 35 21.3 Area Regulations: 1. 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. (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. (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. 2. Size of Lot: (a) Lot Area: Five thousand (5,000) square feet mini- mum. (b) Lot Width: Fifty (50) feet minimum. (c) Lot Depth: none 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. 4. Floor Area Ratio: Maximum F.A.R., 1.0 to 1. 21.4 Parking Requirements: One parking space per 300 gross square feet of space or in accordance with parking requirements of Section 29. 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 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. 36 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 involved. Ail structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco type con- struction is permitted be specific use permit only. 21.6 Landscape requirements: Landscaped areas shall be provided according to Section 33. SECTION 22 "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. 22.1 Use Regulations: 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 charac- ter 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. 37 8. Film developing and printing. 9. Fix-it shops for such items as bicycles and lawn mowers but without outside storage. 10. Furniture stores. 11. Hardware store. 12. Printing shop or company (retail only). 13. Meat market (retail only). 14. Moving picture theatre (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 Specific Use Permit according to Section 28.8. 22.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height. 22.3 Area Regulations: 1. 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. (b) Side Yard: (adjacent to a street or property line); minimum required, thirty (30) feet. (c) Side Yard: (interior): none (d) Rear Yard: Minimum required, ten (10) feet unless adjacent to a residential zoning district in which case twenty (20) feet minimum be observed. 2. Side of lot: (a) Lot Area: none 38 (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. 22.4 Parking Regulations: One (1) space per two hundred (200) square feet of gross leaseable 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. 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. 22.5 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. Ail 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 by specific use permit. 22.6 Landscape requirements: Landscaped areas shall be provided according to Section 33. SECTION 23 "C" COMM]IRCI~kL 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 Regulations: 1. Any use permitted in the "R" Retail District. 2. Building material sales. 3. Carpentry, painting, plumbing or tinsmithing shops. 39 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. Specific use permits according to Section 29.9. 23.2 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height. 23.3 Area Regulations: 1. Size of Yards: (a) Front Yard: Minimum required setback, 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): Minimum required, thirty (30) feet. (c) Side Yard: (interior): none (d) Rear Yard: Minimum required, twenty (20) feet. 2. Side of Lot: (a) Lot Area: none (b) Lot Width: none 4O (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 Parkin~ Requirements: Off street parking requirements shall be provided in accordance with Section 30. 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 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. 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. Ail structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted by specific use permit only. 23.6 Landscape requirement: Landscaped areas shall be provided according to Section 33. 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 32.1;5. SECTION 24 "TC" TOWN CENTER DISTRICT General purpose and description: The "TC" ~Town Center Dis- trict 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: 41 1. Any uses permitted in the "R" and "0" 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 not having approved 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 specific use permit. (i) Any uses requiring outside storage. (j) Truck sales or rental. (k) Pawn shop. (1) Warehousing activities. 3.Hospital or nursing home. 4. Community center (public or private). 5.College or university. 6. Museum. i~./ ~7i i Any use permitted in the "TH-i", "TH-2", "MF-i", 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 Specific Use Permit, Section 29.10. 24.2 Height 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 42 (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. 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. (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. 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: 43 (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 use. 24.4 Parking and Loadin~ Regulations: Off-street parking spaces shall be provided in accordance with the requirements for the uses set forth in Section 30 or in accordance with the stan- dards 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 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. 24.5 Screenin~ 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 provid- ed. The owner of such property shall be responsible for and shall build the required wall or fence on his property divid- ing 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: (a) Non-residential: An approved site plan may be required by either the Planning Commission or City Council prior to issuance of building permit. Residential: Ail residential uses shall be located in the designated area shown on the location plan for the purpose of insuring proper transition and compatibility 44 between the proposed residential uses and non-residential uses. (b) 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. (c) 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. (d) A Merchants Association shall be established for the Town Center District. (e) 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: Ail non-residential structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows (glass may be counted as masonry). Residen- tial structures shall be at least eighty (80%) percent exteri- or masonry construction. Twenty-five (25%) percent of each story above the first story may be masonry if approved by specific use permit. Stucco is permitted on non-residential and residential structures by specific use permit only. 24.9 Landscape Requirements (Non-Residential Areas): See Section 33. 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. 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. 45 1. Any use permitted in any of the "R", and "C" 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 pro- cessing 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. 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 Specific Use Permit, Section 29.11. 25.2 Height Regulations: Maximum height for 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 46 property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-l, TH-l, MF-I or MF-2. 25.3 Area Regulations: 1. Size of Yards: (a) Front Yard: Minimum required, sixty (30) feet with no front yard parking. If front yard parking is utilized then sixty (60) feet front yard setback shall be observed. (b) Side Yard: Minimum required, ten (10) feet. unless adjacent to property in residential district then a minimum of fifty (50) feet shall be observed. (c) Rear Yards: Minimum required, ten (10) feet unless adjacent to property in a residential district then a minimum of fifty (50) feet shall be observed. (d) For structures requiring railroad access, setback requirements from the centerline of the Railroad Right-of-way shall be in accordance with applicable state laws. 2. Size of Lot: (a) Lot Area: Five thousand (5,000) square feet mini- mum. (b) Lot Width: Fifty (50) feet minimum. (c) Lot Depth: none 3. Lot Cove~a~: 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. 4. Floor Area Ratio: Maximum F.A.R. 2.0 to 1 (See illus- tration 15) 25.4 Parking Regulations: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 30. In addition, no parking or loading shall be allowed within thirty (30) feet of the front property line or within five (5) feet of the rear property line. 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. 47 Ail structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted. 25.6 Landscape Requirements: Landscape areas shall be provided according to Section 33. 25.7 Areas used for open storage shall be £creened according to Section 32.1; 5. Open storage areas shall be confined to the rear 2/3 ( two thirds) of the lot. SECTION 26 "HI" - HEAVY INDUSTRIAL General Purpose and Description: The "HI", Heavy Industrial district is intended to provide for basic and heavier man- ufacturing uses than may be inappropriate in the LI District. 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. 1. Any use permitted in the LI District. 2. Acid manufacture. 3. Cement, lime, gypsum or plaster of paris manufacture. 4. Distillation of bones and glue manufacture. 5. Fat rendering and fertilizer manufacture. 6. Magnesium manufacture or processing. 7. Paper or pulp manufacture. 8. Petroleum or its products, refining or bulk tank storage. 9. Smelting of tin, copper, zinc or iron ores, and other metals. 10. Stockyards or slaughter of animals. 11. Wrecking yards and junk yards but only on the condition that the premises upon which such activities are conduct- ed area wholly enclosed within a building or by a solid fence not less than eight (8) feet in height. 12. Salvage or reclamation of products. 13. Any uses permitted by Specific use permit, Section 29.12. 48 26.2 Height Regulations: Maximum height for 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-I, TH-I, MF-1 or MF-2. 26.3 Area Regulations: 1. Size of Yards: (a) Front Yard: Minimum required, 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. (b) Side Yard: Minimum required, ten (10) feet unless adjacent to property in a residential district then a minimum of fifty (50) feet shall be observed. (c) Rear Yards: Minimum required, five (5) feet unless adjacent to property in a residential district then a minimum of fifty (50) feet shall be observed. (d) For structures requiring railroad access, setback requirements from the centerline of the Railroad Right-of way shall be in accordance with applicable State laws. 2. Size of Lot: (a) Lot Area: Five thousand (5,000) square feet minimum (b) Lot Width: Fifty (50) feet minimum (c) Lot Depth: none 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. 4. Floor Area Ratio: Maximum F.A.R. 2.0 to 1 (See illus- tration 15) 26.4 Parkin~ Regulations: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 29. In addition, no parking or loading shall be allowed within (30) thirty feet of the front property line. 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. Ail structures shall be eighty (80%) percent masonry exterior 49 exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted. Concrete block type exteri- or is permitted by specific use permit only. 26.6 Landscape Requirements: Landscape areas shall be provided according to Section 33. 26.7 Areas used for open storage shall be screened according to section 32.1 (5), and shall be confined to the rear two- thirds (2/3) of the lot. SECTION 27 "PD" PLANNED DEVELOPMENT DISTRICT PREFIX 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 specific 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. While great flexibility is given to provide special re- strictions which will allow development not otherwise permit- ted, procedures are established herein to insure against misuse of the increased flexibility. 27.1 Permitted Uses - Any 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. 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, landscap- ing, accessory buildings, signs, lighting, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. 2. The Ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. 5O 3. The Planned Development district shall conform to all other sections of the ordinance unless specifically excluded in the granting ordinance. 4. In the PD district, if uses conform to the standards and regulations of the zoning district to which it is most similar, the particular district must be stated in the granting ordinance. Ail applications shall state all requested variances from the standard requirements set forth throughout this ordinance. 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/or a Develop- ment Plan ( or detail site plan). 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. (a) A Conceptual Plan for residential land use shall show general use, thoroughfares and preliminary lotting arrangements. For residential 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 develop- ment data. (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 ap- proval which is to be used in drafting the final Development Plan. 51 (c) Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter th 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 City Manager or his designated representative. 2. Development Plan or 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 Development Plan shall be the basis for issuance of a building permit. The Development Plan may be submitted for the total area of the PD or for any section or part as approved on the Conceptual Plan. The Develop- ment Plan must be approved by the Planning and Zoning Commission and City Council, but a public hearing is not required. A public hearing for the Development Plan shall be required only if specifically stated at the time of Conceptual Plan approval in the original amending ordinance. The Development 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. (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 descrip- tion of existing and proposed utility services, including size of water and sewer mains; the lo- cation 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 52 to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (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 33 and in the approved Coppell Streetscape Plan. (e) An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family, and two-family. 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 City Manager or his designated representatives. 3. Ail Development Plans may have supplemental data describ- ing 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. Procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 43. This procedure is further expanded as follows for approval of Conceptual and Development Plans. A. Separate public hearings shall be held by the Planning and Zoning Commission and City Council for the approval of the Conceptual Plan and the Develop- ment Plan or any section of the Development Plan unless such requirement is waived by the City Council when it is determined a single public hearing is adequate. A single public hearing is adequate when: (1) The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both Plans; (2) Information on the Concept Plan is sufficient to determine the appropriate use of the land and the Detail Site Plan will not deviate substantially from it. (3) The requirement is waived at the time the amending ordinance is approved. B. The Ordinance establishing the Planned Development District shall not be approved until the Conceptual Plan is approved. 53 (1) The Development Plan may be approved in sections. When the Plan is approved in sections, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. (2) An initial Development Plan shall be submitted for approval within six (6) months from the approval of the Conceptual Plan. If the Development Plan is not submitted within six (6) months, the Concept Plan is subject to re-approval by the Planning and Zoning Commis- sion and City Council. (3) Regardless of whether the public hearing is waived for the Development Plan, approval by the Planning and Zoning Commission and City Council is still required. 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 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. If three (3) or more buildings are situated on one lot, regardless of the zoning classification, a Conceptual Plan and/or a Development Plan (Detail Site Plan) shall be approved by the Planning and Zoning Commission and City Council. No public hearing is required unless so stated in the original zoning. 27.4 Ail Planned Development Districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the appendix of this ordi- nance. 27.5 Planned Development Ordinances Continued - Prior to adoption of this ordinance, the City Council had established various Planned Development Districts, some of which are to be con- tinued in full force and effect. The ordinances or parts of ordinances approved prior to this ordinance shall be carried forth in full force and effect and are the conditions, re- strictions, regulations and requirements which apply to the 54 respective Planned Development Districts shown on the Zoning Map at the date of adoption of this ordinance. SECTION 28 "FP" - FLOOD PLAIN DISTRICT FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION General Purpose and Description - To provide for the appropri- ate 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 Permitted Uses - The permitted uses in that portion of any district having a Flood Plain, FP prefix shall be limited to the following: 1. Agricultural activities including the ordinary cultiva- tion or grazing of land and legal types of animal husbandry. 2. Off-street parking incidental to any adjacent main use permitted in the district. 3. Electrical Substation. 4. Ail types of local utilities including those requiring Specific Use Permits. 5. Parks, community centers, playgrounds, public golf courses (no structures), and other recreational areas. 6. Private open space as part of a Community Unit Develop- ment of Planned Residential Development. 7. Heliport when approved by Specific Use Permit as provided in Section 29. 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. 28.3 Any dump, excavation, storage, filling, or mining operation within that portion of a district having a Flood Plain, FP, 55 Prefix shall be approved in writing by the Public Works Director before such operation is begun. 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. 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. SECTION 29 "S" OR "SUP" - SPECIFIC USE PERMITS 29.1 Specific Uses: The City Council by an affirmative vote may after public hearing and proper notice to all parties affect- ed, 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, authorize application and shall be accompanied by a site plan (see section 27) drawn to scale and showing the general arrangement of the project, together with essential require- ments 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. 29.2 Specific Use Permit Regulations: 1. In recommending that a Specific 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. 2. Every Specific Use Permit granted under these provisions shall be considered as an amendment to the zoning ordi- nance as applicable to such property under consideration, 56 but shall not be considered as a permanent change in zoning. In the event the building, premise, or land uses under the Specific 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 Specific Use Permit is granted for continua- tion of the use. 3. In granting a Specific 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 Specific Use Permit; and such conditions precedent to the granting of the certificate of occupancy. 4. No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Special Use Permit, as attached to the site plan drawing (or draw- ings) and approved by the Planning and Zoning Commission. 5. A building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit provided; however, the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. 6. No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alteration, or change. 7. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determina- tion, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such Specific Use Permit. 8. When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has condi- tional and limited uses, and said amendment is to indi- cate the appropriate zoning district for the approved use and suffixed by a "S" designation. 29.3 Use Regulations: A building or premise used for any of the following purposes shall be permitted by specific use permit only. 57 29.4 "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 but not including similar forms of commer- cial amusement such as miniature golf. 3. University, college or Parochial school and related facilities. 4. Sewage treatment plan. (Private operated) 5. Broadcasting facilities including towers. 6. Campgrounds. 7. Carnival. (By resolution of City Council for specific time period) 8. Construction office. (By authority of the building official for specific time periods.) 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 manufacture. 21. Kennel inside or outside. 22. Parking lot. 23. Rodeo arena. 58 24. Stadium (Public or Private) 25. Zoo. (Public) 26. Airport. (Public or Private) 27. Amateur radio operation or other receiving device for vocal or visual communications. 28. Home occupation. 29. Stucco type construction. 29.5 "SF-ED" - Single Family Estate District: 1. Airport. (Private) 2. Cemetery. 3. Charitable organizations. 4. Churches, 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 commer- cial amusement such as miniature golf. 7. Day Nursery or day care. 8. Public utilities such as electric substation and trans- mission 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. Home occupation. 15. Stucco type construction. 29.6 "SF- 18" "SF-12" "SF-9" "SF-7" 59 "SF-0" "2F-9" "TH-l" "TH-2" "MF- 1" "MF-2" 1. Cemetery. 2. Charitable organization. 3. Churches, 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 commer- cial amusement such as miniature golf. 6. Day Nursery. 7. Public utilities such as electric substation and trans- mission line. 8. Hospital. 9. Post Office. 10. Sewage treatment plant. (Private) 11. Stadium. 12. Home Occupation 13. Stucco type construction. 29.7 "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 5. Electric substation, transmission line or other public use utilities. 6. Exhibition Hall. 6O 7. Carnival. (By resolution of City Council for specific time period) 8. Fairgrounds. 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 theatre. (Indoor) 16. Night club or private club. 17. Photograph studio. 18. Rodeo Arena. 19. Service or Gas station. 20. Stadium. 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 psychiat- ric patients 26. Restaurant or private club 29.8 "R" - Retail 1. Airport. (Public or Private) 2. Broadcasting facilities, radios, television or micro-wave tower. 3. Cemetery. 4. College, University, or parochial school and related facilities. 61 5. Candle manufacturing. 6. Candy manufacturing. 7. Carnival. (By resolution of City Council for specific time periods) 8. Electric substation, transmission lines or other public use utilities. 9. Fairgrounds. 10. Fur goods manufacturing. 11. Grocery and convenience stores 12. Heliport or helistop. 13. Instrument manufacturing or testing. 14. Motel or Hotel 15. Rodeo or other sports arena. 16. Telegraph office. 17. Zoo. (public) 18. Indoor amusement. (video games) 19. Restaurants or private clubs 20. Gasoline service stations, provided that the activities permitted do not include major automobile repairs, storage or dismantling of motor vehicles for sale. 21. Bowling alley 29.9 "C" Commercial 1. Airport 2. Automobile repair garages 3. Boat storage 4. Butane storage and sales 5. Candle manufacturing 6. Candy manufacturing 7. Cemetery 62 8. Electronic manufacturing 9. Grocery and convenience stores 10. Motel or Hotel 11. Nursing home or home for the aged 12. Instrument manufacturing or testing 13. Kennels (outside) 14. Motor freight terminal 15. Moving and storage company 16. Open storage 17. Pawn shop 18. Rodeo or other sports arena 19. Heliport or helistop 20. Electric substation, transmission line or other public use utility 21. Motion picture theater (outdoor) 22. Auto laundries or car wash 23. Indoor sports, recreation and entertainment 24. Commercial amusement (indoor or outdoor) 25. Automobile, truck or mobile home display or sales 26. Restaurant (drive in type). 27. Private club 28. Convenience warehouse ("mini-warehouse"). 29. Gasoline service station. 29.10 "TC" Town Center 1. Cemetery 2. College, university, or parochial school and related facilities 3. Electric substation, transmission line or other public use utility 63 4. Gasoline service station. 29.11 "LI" Light Industrial 1. Airport 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. 15. Drive-in theatre (outdoor). 16. Adult Uses (adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios 17. Gasoline service stations. 29.12 HI Heavy Industrial 1. Airport (public or private) 2. Acetylene gas manufacture or storage 3. Acid manufacture 4. Alcohol manufacture 5. Ammonia, bleaching powder or cholorine manufacture 6. Arsenal 64 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 or concrete products 12. Candle manufacture 13. Celluloid manufacture or treatment 14. Cement, lime, gypsum, or plaster of paris manufacture 15. Central mixing plant for cement, mortar, plaster, or paving materials 16. Coke ovens 17. Cotton gins 18. Cotton seed oil manufacture 19. Creosote manufacture or treatment 20. Disinfectants manufacture 21. Distillation of bones, coal or wood 22. Exterminator and insect poison manufacture 23. Emery cloth and sandpaper 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 gelatine manufacture 65 32. Hatchery 33. Iron, steel, brass or copper foundry or fabrication plant 34. Junk, iron or rag storage or baling 35. Metal or aluminum exterior siding on buildings. 36. Match manufacture 37. Oilcloth or linoleum manufacture 38. Oiled rubber goods manufacture 39. Paint, oil, shellac, turpentine or varnish manufacture 40. Paper and pulp manufacture 41. Petroleum or its products, refining or wholesale storage of 42. Pickle manufacturing 43. Planing mills 44. Potash works 45. Pyroxline manufacture 46. Rock crusher 47. Rolling mill 48. Rubber or gutta-percha manufacture or treatment but not the making of articles out of rubber 49. Sauerkraut manufacture 50. Salt works 51. Shoe polish manufacture 52. Smelting of tin, copper, zinc, or iron ores 53. Soap manufacture other than liquid soap 54. Soda and compound manufacture 55. Stock yard or slaughter of animals or fowls 56. Stone mill or quarry 57. Stove polish manufacture 66 58. Tallow grease or lard manufacture or refining from or of animal fat. 59. Tanning, curing or storage of raw hides or skins 60. Tar distillation or manufacture 61. Tar roofing or water proofing manufacture 62. Tobacco (chewing) manufacture or treatment 63. Vinegar manufacture 64. Yeast plant 65. Salvage or reclamation of products 66. Auto wrecking yard SECTION 30 OFF-STREET PARKING REQUIREMENTS Purpose: To secure safety from fire, panic, and other dangers; to les- sen congestion 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 pro- visions. 30.1 Special Off-Street Parkin~ Provisions--Residential Districts 1. Ail required off-street parking spaces shall be located behind all setback lines in any agriculture, single- family, duplex, or townhouse district. Ail required parking spaces shall be located behind the required front setback line in the MF-1 and MF-2 districts. 2. Required off-street parking shall be provided on the same site as the use it is to serve. 3. No parking shall be allowed except on a paved concrete or asphalt parking space or other impervious surface. 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. 30.2 Special Off-Street Parkin~ Provisions--Non-Residential Dis- tricts 1. In non-residential districts, surface parking may extend into the front yard except for required screening, 67 landscaping, or as specifically stated in various sections of this ordinance. 30.3 Off-Street Loadin~ Space - Ail Districts 1. Ail 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 thou- sand (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. Ail drives and approaches shall provide adequate space and clear- ances to allow for the maneuvering of trucks off-street. 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 4except when otherwise provided for when a Specific Use Permit has been granted (also see section 31.10). 3. Uses not listed in Schedule 30.6 shall provide required off-street parking according to the most similar use listed in the Schedule, as determined by the City Coun- cil. 4. Loading docks and areas shall not be located on the street side of any structure unless screened according to section 32.1 (4). 30.4 Parkin~ Access From a Public Street - Ail 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. 2. In the approval of a Development Plan (Detail Site Plan) as required in Section 27, consideration shall be given to providing entrance/exit drives which extend into the 68 site to provide adequate queuing of vehicles on the site. Such drives shall have curbs or other barriers to prohib- it access from parking areas and other drives. 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. 4. Vehicular access to non-residential uses shall not be permitted from alleys serving residential areas. 5. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustrations 1, 2, 3, 4 or 5. 30.5 Off-Street Parkin~ Requirements - Ail Districts 1. Ail parking, loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. An overwide sidewalk on private proper- ty may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3) foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case. 2. 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 32.1 (6). 30.6 Parkin~ 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 following requirements: 1. Auto laundry: One (1)1 space per five hundred (500) square feet of gross floor area 2. Bowling alley: Six (6) parking spaces for each alley or lane 69 3. Business or professional office, (general): One (1) space per three hundred (300) square feet of gross floor area 4. Church or other place of worship: One (1) parking space for each three (3) seats in the main auditorium 5. College or University: One (1) space per each day student 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 addition- al parking provided on the basis of one (1) space for each four (4) seats that it contains. 7. Commercial Amusement: One (1) space per 3 guests or one (1) space per 100 square feet of gross floor area, whichever is greater. 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. 9. Day Nursery: One (1) space per 10 pupils 10. Dwellings, Multi-Family: Two (2) spaces per one and two bedroom units and two and one-half (2½) spaces per three bedroom unit. 11. Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds. 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). 13. Gasoline Station: Minimum of six (6) spaces 14. Hospital: One (1) space per employee on the largest shift, plus one and one-half (1½) spaces for each bed. 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. 7O 16. Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet. 17. Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet. 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 m-ximum 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 (I,000) square feet of floor area. 19. Medical or Dental Office: One (1) space per one hundred seventy-five (175) square feet of floor area. 20. Mini-Warehouse: Four (4) per complex plus (1) one per five thousand (5000) square feet of storage areas. 21. Mobile Home Park: Two (2) spaces for each mobile home plus additional spaces as required herein for accessory uses. 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. 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. 24. Motor-Vehicle Salesrooms 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. 25. Nursing Home: One (1) space per five (5) beds and one (1) for each day staff. 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. 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. 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. 71 29. Rooming or Boarding House: One (1) parking space for each sleeping room. 30. Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds 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, which- ever is greater. 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. 33. Theater, Auditorium (except school), Sports Arena, Stadium, or Gymnasium: One (1) parking space for each three (3) seats or bench seating spaces. 34. Warehouse, Wholesale, Manufacturing and Other Industrial Type Uses: One (1) space for one thousand (1,000) square feet of gross floor area. 35. Golf Course: Three (3) parking spaces per hole. 30.7 Rules for Computin~ Number of Parkin~ 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. 2. Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number. 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. 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 effec- tive 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. 72 5. In the case of m~xed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 30.8 Location of Parkin~ Spaces: All parking spaces required herein shall be located on the same lot with the building or use served, except as follows: 1. Nhere 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 build- ing served. 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. 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. 30.9 Use of Parking Spaces - All Districts: Required off-street parking and loading spaces shall be used only for these respective purposes and shall Dot be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale. 30.10 Off-Street Loadin~ Space - Shall be provided on each lot in accordance with the following: 1. All retail, commercial and industrial structures shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive. 73 Such space shall consist of a minimum area of twelve (12) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of five thousand (5,000) square feet in the building or on the lot. 2. Kindergartens, day schools, and similar child training and car establishments shall provide loading and unload- ing space on a private drive, off-street to accommodate one (1) motor vehicle for each ten (10) students or children cared for by the establishment. 3. Screening of loading and truck parking areas facing a street shall be provided in accordance with Section 32 (screening). SECTION 31 SPECIAL AND ADDITIONAL REGULATIONS 31.1 Lot Area: 1. The minimum residential lot area for the various Dis- tricts 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. 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. 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 un- platted 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 Co all the open space, parking and density requirements applicable to the uses and dis- tricts. 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. 31.2 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 and a final plat according to section 31.3 (1). 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 require- ments of the most restrictive district for the entire frontage. (See Appendix Illustration 6) 3. Where a building line has been established by a plat approved by the City Council or by ordinance and such line required a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such Ordinance or plat provided no such building line shall be less than twenty-five (25) feet (except in the SF-0 and TH-2 districts). 4. 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 7) 5. Where lots have double frontage, running through from one street to another, a required front yard shall be provid- ed 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 Illustration S) 6. In all residential districts ( except SF-0 and TH-2 districts), the minimum front yards specified may be reduced by a maximum of five (5) feet if twenty five (25%) per cent of the dedicated street lengths in the subdivision are curvilinear in design. In no case shall the required front yard be less than twenty-five (25) feet. The term "curvilinear in design" shall refer to any street segment which is designed with a degree of curvature not less than 3° 30' and not greater than 22° 55', and which shall offset a minimum distance of 30 feet, said offset being measured perpendicular to the initial tangent line of the curve. Computation of 75 percentage of curvilinear streets shall utilize the centerline of all interior streets. (See illustration 9) 7. The minimum front yard setback requirements may be reduced by five (5) feet in all Single Family (except SF-O) and 2F-9 districts provided that at least fifty (50Z) percent of the structures on a giwen 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 Illus- tration 10) 8. Minimum front yard setbacks for lots with predominate frontage on the curved radius of a cul-de-sac shall be twenty-five (25) feet. (See illustration 14) 9. 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. a. Vision at all intersections where streets intersect at or near right angles shall be clear at elevations between two and one-half (2%) 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 twenty-five (25) feet and connecting these points with an imaginary line, thereby making a triangle. 10. 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. 11. 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. 76 31.3 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. 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. 31.4 Lot Coverage: 1. Up to ten (10X) 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. 31.5 Special Height Regulations 1. In the districts where the height of buildings is re- stricted to two and one-half (2½) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) £eet 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. 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 Commu- nications Commission (FCC). In no case shall the height 77 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. 31.6 Ail measurements of setback requirements shall be made accord- ing to illustrations 11, 12 and 13. 31.7 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. SECTION 32 SCREENING STANDARDS Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permit- ted 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. 32.1 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, screening not less than six (6) feet in height shall be erected separating the use from the adjacent residential district. No screening is required adjacent to a street except as required in Paragraph 2 in this Section. All screening walls shall conform to 32.1.7. 2. When the rear or service side of a non-residential 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 32.1.7. 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. 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 78 required along all streets except where such use was in existence at the date of adoption of this Ordinance. Screening adjacent to a street shall be brick. Other types of screening devices may be approved by the Plan- ning and Zoning Com~ission and City Council. 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 fence shall be provided and maintained at 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 should be brick and be located ten (10) feet from the street R.O.W./property line. Brick wall shall conform to 32.1.7. The brick screening wall for the loading areas shall be located ten (10) feet from the right-of-way line. Brick wall shall conform to 32.1.7. 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. 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, one of the following types of screening. The City Council and the Planning and Zoning Commission may waive or modify, in exceptional cases, this requirement. Ail 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 expressed at a minimum of thirty (30) feet on centers and should typically be taller than the remainder of the wall. 79 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 33 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 33. 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. B. Where appropriate, 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 individu- al property owner to provide proper maintenance. 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 Street- scape 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. 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 8O 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. 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 Ordi- nances. 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. 32.2 Maximum Height and Widths Ail required plant screening material shall be trimmed and pruned to prevent heights and widths which will cause visibil- ity problems for traffic or other safety hazards, but not to a height less than the required minimums. SECTION 33 LANDSCAPING Purpose: Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, land- scaping is required hereafter of all new development or use of previously undeveloped land except that single-family, duplex and agricultural uses shall be exempt because single-family uses rarely fail to comply with the requirements set forth and agricultural uses are expected to be temporary and will be replaced with other uses as the City develops. 33.1 Landscape Plan: Prior to issuance of a Certificate of Occu- pancy for any use other than agriculture, single-family dwelling, or duplex dwelling in any zoning district, a Land- scape Plan shall be submitted to the City for approval. It shall show location, name, quantity, and size of any landscape plants, landscape paving, benches, living screens, screening 81 walls, fountains, statues, sprinkler or water system, or other landscape features; buildings, parking areas, drives, walks, adjacent streets, and alleys. Unless waived by the City, the Landscape Plan shall be prepared by a Registered Landscape Architect and confor~ to guidelines established by the City Staff for their plan review. Landscaping shall extend beyond the property line to the curb or paving line in all adjacent streets and alleys except where landscaping of common areas and parkway areas adjacent to screening walls has been provid- ed in the platting process. The Landscape Plan does not need to be approved by the Planning and Zoning Commission and City Council unless so stated in the amending ordinance in a Planned Development District. The Plan must conform to criteria established in the approved Streetscape Plan, as well as other requirements in Section 33. 33.2' Minimum Standards 1. Except where otherwise provided, all yard, setback, parking, service, and recreational areas shall be land- scaped with lawns, trees, shrubs, or other landscape materials. 2. Where the use of a living screen is required or proposed, such screen must be included as an element of the land- scape plan. 3. A minimum of five (5~) percent of all required parking areas shall be landscaped. On lots where the required parking is not adjacent to a dedicated street, the five (SZ) percent landscaping requirement shall apply to the area between the buildings or structure and the street. The (SZ) five percent requirement shall be calculated in addition to areas contained in street right-of-way or within 10 (10) feet of the front property line. It is the intent of this section to require design and con- struction of parking areas in a manner whereby areas usable for parking or maneuvering space be landscaped. 4. Along primary image zones, the fifteen (15) foot no parking strip may be reduced to ten (10) ieet i~ every five (5) continuous parking spaces is separated by a landscaped island planted with a tree. The island shall be equal in size to a required parking space. When the no parking strip is reduced in this manner, the corner no parking triangles shall be increased in size to fourteen (14) feet by fourteen (14) feet. (Figure 13 of the Coppell Streetscape Plan) 5. For non-residential lots, screening devices shall be used to obscure the view of parking areas in the required front or side yards along dedicated streets. Such screening shall be a maximum of thirty (30) inches high measured from the bottom of curb at the parking pavement. 82 The screening shall be located within the required landscaped setback adjacent to the street. The screening shall be located or designed so as to minimize damage by the automobile. (Figure 19 of the Coppell Streetscape Plan) 6. On all non-residential and multi-family lots which have frontage along a dedicated street, the property owner must plant trees in the no parking landscape setback according to the guidelines established in the approved Coppell Streetscape Plan and the following minimum ratios. Along arterials identified as major image zones in the Streetscape Plan, the ratio is one (1) tree for every forty (40) feet of frontage. Along other arterials and collectors identified as secondary image zones, the ratio is one (1) tree for every fifty (50) feet of frontage. The trees may be clustered for maximum visual impact. On all non-residential and multi-family lots which have frontage on a primary or secondary image zone and on which lot utility poles are located in that zone, the property owner shall locate trees so as to help obscure the utility poles from behind. The trees shall be located so as to minimize future interference with the overhead lines. 7. The type of plants to be placed within the parkway adjacent to dedicated streets shall be selected from approved plant palette found in the Streetscape Plan. The minimum caliper of trees shall be two (2) inches. 8. Ail landscaping shall be irrigated by a sprinkler system designed by a licensed Landscape Irrigator. The required sprinkler plan shall bear the seal of the Licensed Irrigator designing the system. 9. It shall be unlawful for any person, firm or corporation to cut or break any branch of any tree or shrub or injure in any way the bark of said tree or shrub growing on public property unless such action be done as part of a reasonable landscaping maintenance operation. 33.3 Certificate of Occupancy: 1. No certificate of occupancy for any use except an ag- ricultural use shall be issued until all common area landscaping is installed according to the Conceptual Landscape Plan that was approved as an element of the Final Plat for the subdivision in which that use is located. In the event that the landscaping has not been installed due to seasonal considerations, the certificate of occupancy may be issued if conditions of Section 33.3.3 are met. This paragraph is applicable only when a Conceptual Landscape Plan had been approved. In the 83 event that a subdivision is being developed in phases, only installation of the landscaping within the phase being developed shall be required. 2. Per the conditions established in Section 33.1, no certificate of occupancy for any use shall be issued until all landscaping that is shown on the required Landscape Plan for the use has been installed. In the event that landscaping has not been installed, due to seasonal considerations, the certificate of occupancy may be issued if conditions of Section 33.3.3 are met. 3. In the event that landscaping shown on an approved Landscape Plan or Conceptual Landscape Plan cannot be installed, due to seasonal considerations, a certificate of occupancy may be issued if the following conditions are met: 1) the project conforms to all other applicable codes relating to C.O. issuance and 2) the developer either obtains a letter of credit or deposits into an escrow account a dollar amount equal to one hundred ten (110) percent of the value of the landscaping not yet installed. Either effort shall conform to approved city guidelines to include the submission of an itemized estimate of value of said landscaping not yet installed. If at or before the end of s six (6) month period, the landscaping has been installed per the approved Plan, control of the letter of credit or funds in the escrow account will be returned to the Developer. If the landscaping has not been installed at the end of that period, the City may, at their option, deposit the funds into their account and use the funds to carry out instal- lation of the landscaping. Any funds remaining after installation will be returned to the Developer. 33.4 Maintenance: 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 landscap- ing. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. Ail plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. Property owners and/or homeowners associations are responsible for maintenance of the parkway area between the curb and their property lines. They are also responsible for the maintenance of the brick screening walls built along their property line. 33.5 Visibility: Where the rigid enforcement of these landscaping requirements will result in a conflict with 30.2-9, the requirements shall be reduced to the extent to remove the conflict. In any event, the requirements of Section 31 shall take precedence. SgCTION 34 ACCESSORY BUILDING REGULATIONS 34.1 In a residence or apartment district, an accessory building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented. 34.2 In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building. 34.3 Accessory Dwelling Units in the SF-ED District shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person and meets the following standards: 1. Accessory buildings must be designed and constructed so that they are in keeping with the general architecture of the development. 2. Buildings with corrugated metal siding shall not be permitted, but "Delta" type metal siding is acceptable. Corrugated metal roofing will be acceptable. 3. No temporary buildings, mobile homes, or travel trailers may be used for on-site dwelling purposes. 4. The accessory dwelling unit must be constructed to the rear of the main dwelling and located on an integral area not less than one-half (~) acre separate from that upon which the main dwelling is constructed. Each lot must have a minimum of one (1) acre per dwelling unit con- structed upon it. 5. The accessory dwelling unity must be constructed to a minimum of Single-Family-3 construction standards. 6. The accessory dwelling unit may be constructed only with the issuance of a Specific Use Permit. 7. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be rented or leased. 34.4 Outbuildings in the SF-ED District, except ~arages, must be located behind the main dwelling in the rear yard. 1. Outbuildings shall be at least fifty (50) feet from any side property line and twenty-five (25) feet from rear 85 property line unless the rear property line is adjacent to a railroad track then no setback is required. 2. Outbuildings must be fifty (50) feet or more from the dwelling on adjoining property. 3. The number of outbuildings should be limited to one (1) except as may be granted by Specific Use Permit. 34.5 Area Regulations for Accessory Buildings in Residential aid Apartment Districts: 1. Size of Yards: (a) Front Yard: Attached front accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard. (b) Side Yard: There shall be a side yard not less than three (3) feet from any side lot line, alley line, or easement line for any accessory building provided that such building is separated from the main building by a minimum distance of fifteen (15) feet. In the case of an accessory building being closer than fifteen (15) feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than fifteen (15) feet. Garages located and arranged so as to be entered from the side yard shall have a minimum distance of twenty (20) feet from the side lot line, alley line, or easement line. Carports arranged to be entered from the side yard, whether adjacent to an alley or street, shall have a minimum distance equal to the required side yard for the main building. (c) Rear Yard: There shall be a rear yard not less than three (3) feet from any lot line, alley line, or easement line, except that if no alley exists, the rear yard shall be not less than ten (10) feet as measured from the rear lot line. Where apartments are permitted, the main building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected Joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Carports, garages, or other accessory build- ings, located within the rear portion of a lot as heretofore described, constructed closer than fifteen (15) feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building, except that a carport may be 86 constructed within three (3) feet of the rear property line if there is an alley between that property line and the lot to the rear. Accessory buildings constructed fifteen (15) feet or more from the main buildings shall have no required rear yard except where no alley exists. If such an accessory building is located within three (3) feet of a rear lot line, the height of the building shall be no greater than eight (8) feet and a solid fence or wall of the same height shall be built on the rear lot line to screen the building from property located to the rear. Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear yard or alley easement line s minimum distance of twenty (20) feet. 34.6 Accessory Buildings in M~ District: In the MR District, no carport, garage, storage building, office, or caretaker's dwelling, laundry house, or other permitted structure may be located nearer than ten (10) feet to any side or rear line of a plot, lot, tract, or stand except that such structure may be located within five (5) feet of the side or rear line of a plot, lot, tract, or stand when such structures are located within the rear twenty-five (25) percent of the trailer lot, plot, or tract. Such structures shall also be subject to front yard requirements above. SECTION 35 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. 35.1 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. 35.2 Non-Residential Site Lighting: 1. Ail off-street parking areas for nonresidential uses in nonresidential district which are used after dark, shall 87 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. 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 main- tained basis. (b) Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or 1/3 of the average, whichever is greater. 35.3 Luminaires: Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires and/or so installed as to reduce glare effect and consequent interfer- ence 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. 35.4 Special Lighting: Low Wattage: Holiday special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. SECTION 36 PLATTING PROPERTY NOT PERHA/qENTLY ZONED 36.1 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. 36.2 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 recommenda- tion 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. 36.3 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 88 recommendation on both matters to the City Council so that the City Council, can if it desires, act on the matter of perma- nent zoning and annexation at the same time. SECTION 37 CLASSIFICATION OF NEW AND UNLISTED USES 37.1 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: a. The Building Inspector shall refer the question concern- lng 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. b. 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. c. 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 rec- ommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. d. 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. SECTION 38 CREATION OF BUILDING SITE 38.1 No Permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, 89 building tract, or building lot has been created by compliance with one of the following conditions: 1. The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Dallas County, Texas. 2. The plot, tract, or lot faces upon a dedicated street and was separately owned prior to the effective date of this Ordinance or prior to annexation to the City of Coppell whichever is applicable, in which event a building permit for only one main building conforming to all the require- ments of this Ordinance may be issued on each such original separately owned parcel without first complying with paragraph 1 preceding. SECTION 39 NONCONFORMING USES AND STRUCTURES 39.1 A nonconforming status shall exist under the following pro- visions of this ordinance: 1. When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous Zoning Ordinance and has been operating since without discontin- uance. 2. When on the effective date of this Ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous Zoning Ordinance or which was a noncon- forming use thereunder, and which use or structure does not now confom to the regulations herein prescribed for the district in which the use or structure is located. 39.2 No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment. 39.3 Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use. 39.4 My nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconfoming use. 39.5 %dhere a conforming use is located in a nonconforming struc- ture, the use may be changed to another conforming use by 9O securing a Certificate of Occupancy from the Building Offi- cial. 39.6 Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thence- forth by in conformity with this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of one (1) year shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type of structure, is moved from the premises shall be considered to have been abandoned. 39.7 If a nonconforming structure or 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 pro- visions of this Ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the Board of Adjustment, but the size and function of the nonconforming use shall not be expanded. SECTION 40 ZONING BOARD OF ADJUSTMENT The word "Board" when used in this Ordinance shall be con- strued to mean the Zoning Board of Adjustment. 40.1 Organization and Procedure: 1. Establishment: A Board of Adjustment is hereby re- established in accordance with the provisions of Article lOllg, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided in said Statutes. 2. Membership: The Board shall consist of five citizens, each to be appointed or re-appointed by the Mayor and confirmed by the City Council, for staggered terms of two years respectively. At least one member of the Board shall be a member of the Planning and Zoning Commission and his term shall expire at the same time as his term on such Commission. Each member 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 chairman, who shall serve for a period of two (2) years or until his 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 91 regular members ~hen requested to do so by the Hayor or City Hanager. These alternate members, ~-hen appointed, shall serve for the same period as regular members when requested to do so by the Mayor or City Administrator. These alternate 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. 3. Rules and Re~ulations: The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The Board shall adopt from t~ne to trine 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. A~l of its resolu- tions 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. 4. Heetinz: Meeting of the Board shall be held at the call of the chairman and at such other trines as the Board may determine. The chairman or acting chairman may adminis- ter oaths and compel the attendance of witnesses. All meetings, hearing or proceedings shall be heard by at least four (4) members of the Board. 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 o£ 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. 2. Stay of Proceedings: An appeal shall stay all proceed- ings in furtherance of the action appealed from unless the Build[ns Inspector shall cer~i£y to ~he Board of Adjustmen~ that by reason of facts in the ceru2f~cate, a s~ay ~ould, in his opinion, cause imminent peril ~o life or property, in which case proceedings shall not be stayed other~ise 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 ~hom the appeal is taken and on due cause sho~n. Notice of RearinS on Appeal: The Board shall fix a reasonable t~me 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. 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. 40.3 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. 2. Appeals Based on Error: The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this Ordinance. 3. Special Exceptions: The Board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass as follows or elsewhere in this ordinance: (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. (b) To permit a public utility or public service or structure in any district, or a public utility of 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. (c) To grant a permit for the extention of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a 93 single ownership on the effective date of this Ordinance. (d) Permit the reconstruction of a nonconforming build- ing which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) per cent of its fair market 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. (e) 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 unreason- able hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. (f) To determine whether an industry should be permitted within District "LI", 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. (g) To determine in cases of uncertainty the classifica- tion of any use not specifically named in this Ordinance. 3. Variances: An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a Concept Plan, Detail Site Plan or Development 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 commis- sion and the City Council. The administrative procedures and requirements of this Ordinance, with regard to both Planning & Zoning Commission and City Council consid- eration 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. The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owning to special conditions, a literal enforce- ment of the provisions 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: 94 (a) Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carry- ing 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. (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 al- terations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this Ordinance as are in harmony with its general purpose an 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 same time, the surrounding property will be properly protected. 4. Chan~es: 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. SECTION 41 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. 41.1 Accessory Building or Use: An "accessory building or use" is 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) contrib- utes 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. 95 41.2 Alley: An "alley" is a public right-of-way which affords a secondary means of access to abutting property. 41.3 Alterations: The term "alterations" shall mean 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." 41.4 Auto Laundry: An "auto laundry" or "car wash" is a building, or portion thereof containing facilities for washing automo- biles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A self-service type carwash is an auto laundry. 41.5 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. 41.6 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; tuneups; emergency road service; replacement of starters, alternators, hoses, brake parts; mufflers; automo- bile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "Automo- bile Repair, Major" or any other similar use. 41.7 Awning: An "awning" is a roof-like cover of a temporary nature that projects from the wall of a building. 41.8 Apartment: An "apartment" is a dwelling unit in an apartment building occupied as a place of residence. 41.9 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 build- ing is a multi-family dwelling. 41.10 Basement: A "basement" or "cellar" is 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. 41.11 Bakery: A "bakery" shall be a place for preparing, baking and selling all products on the premises where prepared. 96 41.12 Block: A "block" is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rail- road 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. 41.13 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. 41.14 Board: The word "board" shall mean the Board of Adjustment established in Section 39 of this Ordinance. 41.15 Build: The word "build" means to erect, convert, enlarge, reconstruct, or alter a building or structure. 41.16 Buildable Width: The "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. 41.17 building: A "building" is any structure built for the sup- port, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. 41.18 Building, Detached: A "detached building" is a building surrounded by yards or open space on the same building lot. 41.19 Buildin~ Height: See Height 41.20 Buildin~ Line: A "building line" is the rear line of a required front yard which is generally parallel to the street line forming the front lot line. 41.21 Building Lot: A "building lot" is 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 subse- quently 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. 41.22 Building, Mixed: A "mixed building" is a building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use. 41.23 Buildin~ Official: The building inspector or administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code. 41.24 Building, Principal: A "principal building" is a building in which the principal use of the lot, on which it is located, is 97 conducted. All residential uses, except bona fide servants quarters, are principal uses. 41.25 Building, Residential: A "residential building" is a building which is arranged, designed, used, or intended to be used £or residential occupancy by one or more families or lodgers. 41.26 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. 41.27 Cellar: See Basement 41.28 Certificate of Occupancy or Compliance: An official certifi- cate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes legal use of the prem- ises for which it is issued. 41.29 City: The word "city" shall mean the City of Coppell, Texas 41.30 City Council: The governing body of the City of Coppell, Texas 41.31 City Manager: The Chief City Administrative officer. 41.32 Clinic: A "clinic" is 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. 41.33 Cleaning: A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area. 41.3 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 orien- tation without an increase in the overall density of the development. 41.35 Concrete Block: Any of the molded load-bearing or non-load- bearing concrete units normally 8"x 8"x 16". 41.36 Convalescent Home: Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. 41.37 College or University: An institution established for educa- tional purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools. 98 41.38 Court: A "court" is 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 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. 41.39 Coverage: The percent of a lot or tract covered by the first floor or the largest floor of a building or structure whichev- er 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. 41.40 Custom Personal Service: A "custom personal service" shall mean a tailor, shoe repair, barber, beauty shop, health studio or travel consultant. 41.41 Day Nursery or Day Care Center: A "day nursery" shall mean an establishment where four (4) or more children are left for care or training during the day or portion thereof. 41.42 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." 41.43 Depth of Lot: The mean horizontal distance between the front and rear lot lines. See illustration # 12. 41.44 Development, or the Develop: A "development" includes the construction of a new building or any structure on a building lot, the relocation of an existing building on another build- ing lot, or the use of open land for a new use. To "develop" is to create a development. 41.45 District: A "district" is a zoning district which is a part of the City wherein regulation of this Ordinance is uniform. 41.46 Dwellins, 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. 41.47 Dwelling, Two-Family: A dwelling having separate accommo- dations 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). 41.48 Dwelling, Multiple-Family: Any building or portion thereof, which is designed, built, rented, leased, or let to be oc- cupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. 41.49 Dwelling Unit: A building or portion of a building which is arranged, occupied, or intended to be occupied as living 99 quarters of a family and including facilities for food prepa- ration and sleeping. 41.50 Family: A "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. 41.51 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 includ- ing 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. 41.52 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. 41.53 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 illustration 15) 41.54 Garage, Private: A "private garage" is 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 neces- sary. 41.55 Garage, Public: A "public garage" is a building or portion thereof, other than a private or storage garage, designed or used for storing motor driven vehicles. 41.56 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. 41.57 Health Service: A "health service" is a charitable or govern- ment operated facility offering to the public medical examina- tions, diagnosis and limited treatment not for profit. 41.58 Heavy Load Vehicle: A self-propelled vehicle having a load capacity greater than one and one-half (1~) 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. 100 41.59 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 bulkheads, 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. 41.60 Home Occupation: A "home occupation" is a business, occupa- tion, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the follow- ing characteristics: (a) The activity shall employ only members of the immediate family of the resident of the dwelling unit; (b) 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; (c) Said home occupation shall not have a separate entrance for the business and shall not include continual visits by the general public. Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid charac- teristics 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. 41.61 Hospital: A "hospital" is 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 facil- ities. 41.62 Hotel: A "hotel" is 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. 41.63 Household Appliance Service and Repair: Enclosed radio and television, but not involving the use of equipment which generates noise, odor or electrical frequencies so as to interfere with the use and enjoyment of adjacent property. 101 41.64 Junk or Salvage Yard: A "Junk or salvage yard" is 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. 41.65 Loadin~ 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. 41.66 Lot Area: The "lot area" is the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot (See ill. # 12 ). 41.67 Lot Area per Dwellin~ Unit: "Lot area per dwelling unit" is the lot area required for each dwelling unit located on a building lot. 41.68 Lot, Corner: A "corner lot" is a building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed 135 degrees. 41.69 Lot Depth: "Lot depth" is 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 ill. I12). 41.70 Lot, Interior: An "interior lot" is a building lot other than a corner lot. 41.71 Lot Line: A "lot line" is a boundary of a building lot. 41.72 Lot Line, Front: A "front lot line" is 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 ill. i 11). 41.73 Lot Line, Side: A "side lot line" is that boundary of a building lot which is not a front lot line or a rear lot line. 41.74 Lot Line, Rear: The "rear lot line" is that boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line. 102 41.75 Lot of Record: A "lot of record" is an area of land designat- ed 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 owner- ship described by metes and bounds upon a deed recorded of registered with the County Clerk. 41.76 Lot, Reverse Corner: A "reverse corner lot" is a corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear. 41.77 Lot, Through: A "through lot" or "double frontage" lot is a building lot not a corner lot, both the front and rear lot lines ~hich adjoin street lines. On a "through lot" both street lines shall be deemed front lot line. 41.78 Lot Width: The "lot width" is 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 ill. ~11). 41.79 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. 41,80 Mobile Home: A "mobile home" is 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. 41.81 Mobile Home Park: A "mobile home park" is 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. 41.82 Modular Home: A "modular home" is 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. 41.83 Motel, Motor Hotel, or Tourist Court: A "motel, "motor hotel", or "tourist court" is an establishment offering to the transient public the use of guest rooms or sleeping accommo- dations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommo- dations the majority of which have private and direct access from parking areas not through common entrance and lobby. The 103 establisbanent furnishes customary hotel services and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a non-residential use. 41.84 Hotorcycle: A usually two-~heeled self-propelled vehicle having one or two saddles or seats, and may have a sidecar attached. For purposes of this ordinance, motorbikes, motor- scooters, mo-peds, and similar vehicles are classified as motorcycles. 41.85 Motor Freight Terminal: A "motor freight terminal" is a building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intra- state commerce by motor truck. A motor fright terminal is a truck terminal. 41.86 Nonconformin~ Use: A "nonconforming use" is 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. 41.87 Noxious Matter: "Noxious matter" is 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. 41.88 Occupancy: The use or intended use of the land or buildings by proprietors or tenants. 41.89 Open Space: "Open space" is that part of a building lot, including courts or yards, which: (a) Is opeD and unobstructed from its lowest level to the sky, and (b) Is accessible to all residents upon a building lot, and (c) Is not part of the roof of that portion of the building containing dwelling units. 41.90 Open Storage: "Open storage" is 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. 41.91 Parking Space: An enclosed or unenclosed all-weather surfaced area of not l~ss than one hundred eighty (180) square feet (measuring appYoximately 9 feet by 20 feet) not on a public street or alley, together with an all-weather surfaced drive- way 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 104 maneuvering is done on the public street shall not be clas- sified as off-street parking in computing the parking area requirements for any use. 41.92 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. 41.93 Planning and Zonin~ Commission: The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning. 41.94 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 approval by the Planning and Zoning Commission. Reference to a Plat in the Ordinance means an official Plat of Record which has been approved by the Planning and Zoning Commission and filed in the plat records of Dallas County. 41.95 Premises: Land together with any buildings or structures occupying it. 41.96 Public Park: A "public park" is any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the Jurisdiction and control of the City. 41.97 Recreation Area: A "recreation area" is a privately owned park, playground, or open space maintained by a community club, property-owners association, or similar organization. 41.98 Residential Districts: Includes the following districts: SF-ED, SF-18, SF-12, SF-9, SF-7, SF-O, 2F-9, TH-I, TH-2, MF-1, MF-2 and M~. 41.99 Rest Home or Nursin~ Home: A "rest home" or "nursing home" is a private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disor- ders. Such homes do not contain facilities for surgical care or the treatment of disease or injury. 41.100 Retail Stores and Shops: "Retail stores and shops" shall 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. 41.101 School: A school under the sponsorship of a public or reli- gious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools. 105 41.102 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. 41,103 Servant's quarters: A "servant's quarters" is 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. 41.104 Sign: A "sign" is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, produce, place, activity, institution, or business. A "sign" is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building. 41.105 Sign, Advertising: An "advertising sign" is a sign which directs attention to a business or profession conducted or to a counnodity, service, or entertainment sold or offered upon the premises. 41.106 Sign, Flashing: A "flashing sign" is an illuminated sign on which the artificial light is not maintained stationarily, or in constant intensity or color at all times when such sign is in use. Flashing signs are expressly prohibited by this Ordinance. For the purpose of this Ordinance, any revolving illuminated sign shall be considered a flashing sign. 41.107 Sign, Business: A "business sign" is a sign which directs attention to a business or profes~ion conducted, or to a commodity, service, or entertainment sold or offered upon the premises. 41.108 Sign, Illuminated: An "illuminated sign" is a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered upon the premises. 41.109 Story: A "story" is 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"). 41.110 Street: A "street" is 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. 106 41.111 Street, Private: A street which has no publicly dedicated right-of-way. 41.112 Street Line: A "street line" is the right-of-way of a street. 41.113 Stucco: A continuous plaster or mortar exterior veneer, finished by hand trowling over wire lath. 41.114 Tennis or Swim Club: A private recreational club with re- stricted 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 avail- able to the general public. 41.115 Top Plate Line: That point at which'the ceiling plane of the upper most story intersects the vertical wall plane. 41.116 Townhouse: attached single family dwelling units on indi- vidually platted lots. 41.117 Toxic Materials: "Toxic materials" are those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. 41.118 Use: The "use" of property is 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. 41.119 Use, Principal: A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use. 41.120 Vidio Amusement: Arcade and other commercial indoor coin operated amusement facility. 41.121 Visual Screen: A "visual screen" is 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. 41.122 Yard: A "yard" is 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 provid- ed. 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 107 zoning district in which such building is located. (See Illustration #13) 41.123 Yard, Front: A "front" yard is 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 ill. # 13). 41.124 Yard, Rear: A "rear yard" is 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 prolections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways. 41.125 Yard, Side: A "rear yard" is 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 driveway. (See ill. # 13). 41.126 Zonin~ District Map: The "zoning district map" is the map or maps incorporated into this ordinance as a part thereof by reference thereto. CERTIFICATES OF OCCUPANCY AND COHPLIANCE 42.1 Certificates of Occupanc~ shall be required for an~ of the following: 1. Occupancy and use of a building hereafter erected or structurally altered. 2. Change in use of an existing building to a use of a different classification. 3. Occupancy and use of vacant land, except agricultural use. 4. Change in the use of land to a use of a different classi- fication. 5. Any change in the use of a nonconforming use. 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. 42.2 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 108 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. 42.3 Procedure for Vacant Land or a Change in Use: Written appli- cation 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. 42.4 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 Ordi- nances. 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 proprietory or tenancy interest in the building or land affected. 42.5 ~emporar~ Certificate: Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Building Inspector 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. 42.6 Certificates for Nonconforming Uses: A Certificate of Occu- pancy 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 noncon- forming use shall be filed with the Building Inspector by the owner or leasee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Building Inspec- tor to issue a Certificate of Occupancy for a lawful noncon- forming 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. 109 SECTION 43 CRANGES AND AHENDM]~FrS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES 43.1 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. 2. To recognize changed or changing conditions or circum- stances in a particular locality. 3. To recognize changes in technology, the style of living, or manner of doing business. 43.2 Authority to Amend Ordinance: The City Council may from time to time, after receiving a final report thereon by the Plan- ning 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 Coun- cil, 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. 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 appli- cant shall submit proof of ownership. 43.3 Public Hearin~ and Notice: Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Written notice of all public hearings on proposed changes in district bound- aries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application an within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States Mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall he accomplished by one publication 110 not less than fifteen (15) days prior thereto in the official newspaper of the City. 43.4 Failure to Appear: Failure of the applicant or his represen- tative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall consti- tute sufficient grounds for the Planning and Zoning Commission to terminate the application. 43.5 Commission Consideration and Report: The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the rela- tionship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Planning and Zoning Commission shall consider the following factors: 1. ~nether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any exist- ing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other util- ities to the area, and shall note the findings 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. 5. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also. 6. Any other factors which will substantially affect the health, safety, morals, or general welfare. 43.6 Council Consideration 1. Proposal Recommended for Approval: Every proposal which is recommended favorable by the Planning and Zoning Commission shall be forwarded to the Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption 111 of an ordinance for same and its publication as required by law. 2. Proposal Recommended for Denial: ~en the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the Council and notify the applicant. A hearing before the City Council shall be set on an application recommended for denial only when an appeal is filed by the applicant with the City Manager within fifteen (15) days of the date of the recommendation for denial. Nhen a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-forths (3/4) majority vote by the City Council shall be required for approval. 3. Council Hearin8 and Notice: Notice of Council hearing shall be given by publication one time in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication. 4. Three-Forths Vote: A favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of the state laws commonly referred to as the "twenty percent (20I) rule." If a protest against such proposed amendment, supplement or change has been filed with the City Secre- tary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lots included in such a proposed change or those immedi- ately adjacent to the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths vote of the City Council. 43.7 Final Approval and Ordinance Adoption: Upon approval of the zoning request by the City Council, the applicant shall submit a metes and bounds description to the City within thirty (30) days for the preparation of the amending ordinance. The amending ordinance shall be approved within six (6) months. If the amending ordinance is not approved within six (6) months, the zoning request, at the option of the City Council may be recalled for a new public hearing. SECTION 44 ~PFLICATIOI~ FILING FEES All owners, lessees or any other persons, firms or corpo- rations making an application with the City of Coppell re- questing a change, amendment or variance to the zoning 112 ordinance applicable to his property shall be charged a mandatory fee for processing such request as follows: 1. Standard Filing Fee - $100.00 minimum plus $5.00 per acre or portion thereof. 2. Specific Use Permit - $200.00 minimum plus $5.00 per acre or portion thereof. 3. Conceptual Pla~ - No charge when submitted with zoning' request; $100.00 when submitted separately. 4, Development Plan (Detail Site Plan) - $100.00 SECTION 45 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES 45.1 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 nonconform- ing 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, penal- ty, 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. $~CTION 46 PENALTY FOR VIOLATIONS 46.1 Any person or corporation violating any of the provisions of this Ordinance, shall upon conviction, be fined any sum not exceeding two hundred dollars ($200.00) i and each and every day that the provisions of this Ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invad- ed, by a violation of the terms of the Ordinance, to bring suit in such court or courts having Jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners. SECTION 47 VALIDITY 47.1 If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitu- tional. SECTION 48 DECLARATION OF NECESSITY 48.! The fact that the present zonins resulations are inadequate to properly safesuard the general public welfare, health, peace and safety, creates an urgency and an emergency, and required that this Ordinance become effective ~mmediately upon its passage, and it is accordingly so ordained. APPROVED AS TO FORM: PASSED AND ENROLLED: ~y~r, City o~'Copp~l, TX. City of Copp~l, Texas' 114 APPENDIX ILLUSTRATIONS 60° LAYOUT WITH ONE'WAY TRAFFIC 45° LAYOUT WITH ONE'WAY TRAFFIC --CURB OR WHEEL TOP-- · '-0"~ ~¢-0"_ ~4'-0' · ,0'-0"_ ! ~0'-0" ~4'-0' ~.'-0". _,'-0" ~ ~ * ~ ~ _-~ Lin. ,_ 90' LAYOUT 45'~ LAYOUT WITH TWO-WAY TRAFFIC 60e LAYOUT WITH TWO WAY TRAFFIC IN SPt_IT ZONtNG FRONT YARD REMAINS U~IIFORM THRO.UG HOU T s~ SF SF SF I c I ' I STREET FRONT YARO WHERE ZONING CHANGES IN A BLOCK  METHOD OF MEASURING FRONT YARD / ~ EAVES I ~ __l PROPERTY -- 7  SPECIFIED FRONT YARD LINE / , ~o "MAX. H BUILDING LINE FOR ACCESSORY BUll.DING ESTABLISHED ~Y STREET I~.AT OR OROINANCE STANOAR0 YARD , FRONT YAROS mOTH FRONTAG[$ ..~ 8 FRONT FRONT YARD YARO STRLrLrr DOUBI F FRONTAGE LOTS I 2 :~ 4 5 6 7 8 9 I0 ORIGINAL 50' FRONT STREET YARD SETBACK LINE THE AVERAGE SETBACK LINE OF LOTS I-I0 SHALL BE $0' CALCULATIONS OF MULTIPLE FRONT YARD SETBACK8 10 1 1 LOT WIDTH IAI Ill ICl 1 2 LOT AREA 8~ DEPTH $?REE? ~?RIr[T T', ' '-T. T' ...... OF LOT WIDTIt AND LOT AREA REQUIREMENTS i .= , .= . ~ ~ ~. LOT AEEA IS CALCULATED i ! ! EXCLUDING &LLE¥S AND ! STREETS -~'~ / LOT AREA MAY INCLUDE ~.L[Y ?~,~r..~.... F.,~I~ITS ON LOT . LB) 1 3 YARDS I I A~ MAY BI I I ~ ~[A MAY BE [ ~ ~SSORY R ~CESSORY I0' ~ FILE COPY ~0 TO: Dorothy Timmons, City Secretary FROM: Taryon Paster Bowman, P&Z Coordinator~,~- SUBJECT: UNIVEST DATE: January 29, 1991 Attached is a copy of the approved site plat for the (TC) Town Center zonin§ district, alon§ with the zonin§ request, which should be attached to the ori§inal ordinance for the (TC) zone. This is the plan which is commonly referred to as "the approved site plan for Town Center". Please let me know if you need more information. GLS/lsg attachment xc: Greg Jones, Sr. Building Inspector (Map Only) UNIVEST 767 ACRE ZONING REQUEST COPPELL, TEXAS REQUESTED BY: THE PARKS OF COPPELL A JOINT VENTURE I I I I I IPARKS OF COPPELL IIndex IEXISTING AND PROPOSED ZONING ZONING COMPARISON EXHIBITS I . FULLY DEVELOPED TAX BASE · PROPOSED NEW ZONING ORDINANCES AND I M ODIFICATIONS REQUESTED TO EXISTING ORDINANCES ZONING COMPARISON EXHIBITS SUMMARY OF CALCULATIONS I. Chart #I (Page 6) indicates that in the 1973 zoning ordinance the four (4) Zoning Types - Coml/Ret, MF, TH, SF - are a certain per- centage of the total 766.1 AC. Our 1982 Proposed Zoning Request allows for all catagories to be a smaller percentage of the total because 22% of the land would be utilized as a park of the city. II. Chart #II (Page 7). A calculation was made that demonstrated the maximum permitted density under the 1973 ordinance would be approx- imately 12,608 dwelling units. This is to be compared to our maxi- mum proposed density of 6,960 dwelling units under the requested zoning plan. We would like to bring to your attention that the Town Center portion of the requested plan allows up to 30% of that area to be used for residential purposes. The dwelling units in this area have been projected at the maximum permitted density on each chart. III. Chart #III (Page 8). A separate calculation was made to compute how we could utilize the property free from any floodway considerations (A Buildable Land Study). This study indicates, using the existing zoning, we could reason- ably anticipate building 7,749 dwelling units on the buildable site vs. our requested zoning plan which proposes only a maximum of 6,618 dwelling units on the same buildable site. IV. Chart #IV (Page 9). The charts set out the overall density for the entire Chart IV the for each development. specifies use proposed identifiable tract (#1 - 21) and states average density limitations proposed for each tract. Refer to the Proposed Zoning Map (Page 3) for tract locations. 5 PARKS OF COPPELL I. COMPARISON OF LAND USE % 1973 gONING 1982 REQUEST TYPE ACREAGE % OF TYPE ACREAGE % OF USE TOTAL TOTAL USE TOTAL TOTAL Retail & TC & Commercial 235.7 31% Commercial 209 27% & Park & Park Municipal 0 0 Municipal 165 22% - 235.7 31% 359.0 49% MF 117.1 15% MF 115.1 15% TH 190.1 25% TH 90.2 12% SF 223.2 29% SF-7& 186.6 24% SF-0 766.1 AC 100% 766.1 AC 100% Permitted Density 12t608 Units Proposed Density 6,960 Units Assumes development of 100% of See chart IV for density the land to maximum permitted restrictions for individual density under 1973 ordinance, tract as shown on Proposed Zoning Map 6 II MAXIMUM DWELLING UNITS PERMITTED TOTAL LAND AREA EXISTING ZONING VS. REQUESTED ZONING EXISTING ZONING REQUESTED ZONING TOTAL TOTAL TYPE ACRES DU/AC D/U TYPE ACRES DU/AC D/U Coml/Ret 235.7 (Footnote#l) 5371 TC/Coml 209.3 (Footnote#2) 3123 TC/Park 165.0 - MF 117.1 29 3396 MF 115.1 ~ 19.3 Avg. 2220 TH 190.1 15.5 2947 TH 90.2 8.0 721 SF-7 223.2 4 894 SF-O/SF-7 186.5 4.8 Avg. 896 TOTALS 766.1' //'~[ L', 6 ~8~ 766.1 ~~~ *All of the land can be made buildable through creek channelization and diking. The cost of such work would necessitate maximizing the density under the current zoning. (Footnote #1) - The 1973 zoning ordinance permitted apartment use on land zoned commercial and retail. Assuming that 50 acres will be actually used for commercial/retail purposes, the remaining 185.7 acres are projected at the maximum density permitted by Coppell's MF-1 ordinance (29 DU/AC) = 5371 DU. (Footnote #2) - Assumes up to 30% of TC area (359 AC) is used to maximum permit- ted density under MF-1 ordinance: (30% x 359 AC = 107.7 AC x 29 DU/AC = 3123) I III DWELLING UNITS PROJECTED BUILDABLE LAND ONLY EXISTING ZONING VS. REQUESTED ZONING EXISTING ZONING REQUESTED ZONING TOTAL TOTAL TYPE ACRES DU/AC D/U TYPE ACRES DU/AC D/U Coml/Ret 220 (Footnote#l) 2057 Coml/TC 209.3 (Footnote#2) 3123 MF 114.7 29 3326 MF 99.9 22.2 Avg. 2220 TH 140.7 15 2111 TH 90.2 8.0 721 SF-7 63.7 4 255 SF-O 101.4 5.5 Avg. 554 Park 38.0 - - TOTALS 539.1 7749 539.1 6618 (Footnote #1) - Reasonable Man Theory - Because of the demise of Loop 9, a reasonable man would assume that the 220 buildable acres zoned commercial and retail at Denton Tap and Sandy Lake will not be all used as zoned. Therefore, the following normal mix of uses has been projected: [~ USE AC DU / AC TOTAL Coml / Re t 15 - - MF 30 29 870 TH 50 15 750 SF-9 125 3.5 437 TOTAL 220 2057 (Footnote #2) - Up to 30% of TC area (359 AC) is permitted to be used for residential purposes: (359 x 30% = 107.7 x 29 DU/AC = 3,123 units) 8 DWELLING UNITS REQUESTED ON BUILDABLE LAND WITH 1982 ZONING APPLICATION TRACT ZONING ACREAGE DENSITY DWELLING UNITS 1 MF-2 75.6 20 1,512 2 TC (Park) 51.3 - - 3 TC* 6.2 4 " 22.3 5 " 6.0 I~'~. (See Footnote*) 3,123 6 " 20.4 8 " 58.2 9 TH-2 22.3 8 178 10 Th-2 30.0 10 240 11 Th-2 37.9 8 303 12 MF 8.3 20 166 13 Coml 4.2 - - 14 Coml 11.0 - - 15 MF-2 20.6 20 212 16 MF-2 10.6 16 330 17 SF-O 92.4 6 554 18 Park 9.0 - - 19 SF-7** 48.4 4 194 20 SF-7** 36.8 4 147 21 TC(Park) 113.6 - - TOTAL 766.1 Acres DU/AC on 6960 Total Land Area Less **(Tracts 19&20) -342 DU/AC on 6618 Buildable Land Footnote *The Town Center ordinance allows for 30% of the land area to be used for residential-purposes (359 x 30% = 107.7 AC x 29 DU per acre = 3,123 DU) **Not presently available for development - this area is located in the floodway 9 PARK AND MUNICIPAL CENTER PROPOSAL 10 PARKS OF COPPELL PARK AND MUNICIPAL CENTER PROPOSAL I. COMPOSITE PRICE FOR ALL OF ACREAGE: City Park Use: Civic Center 16.0 AC Remainder of City Park 148.9 AC Sub-Total 164.9 AC Municipal Center 6.2 AC Total Acreage 171.1 Acres Composite Price 171.1 AC @ $5,844/AC(AVG) = ~!~fi99~999 II. ESTABLISHED PRICES: Park ~ Civic Center 16.0 AC @ $8,500/AC = $136,000 Remainder 148.9 AC @ $3,989/AC.,c = 593,928 Sub-Total 164.9 AC ($4,427/AC) $729,928 $729,928 Municipal Ctr 6.2 AC @ $1.00 psf 270,072 Total 171.1 AC ~%~QQQ~ III. ORDER OF RELEASE: A. Phase I - On or before Se~ 1, 1982 West Park Site - 51.3 AC @ $3,989/AC $204,636 , Municipal Center- 6.2 AC @ $1.00 psf 270,072 $474,708(2 B. Phase II - On or before September 1, 1983 Civic Center 16.0 AC @ $8,500/AC $136,000 East Park Site 46.2 AC @ $3,989/AC 184,292 62.2 AC @ $5,149/AC(AVG) $320,292(2 C. Phase III - On or before September 1, 1984 East Park Site 51.4 AC @ $3,989/AC $205,000(2 Total Price ~1~9Q9~000 Footnotes - See addendum Attached 11 FOOTNOTES TO PARK AND MUNICIPAL CENTER FROPOSAL (1) All terms and conditions insofar as Releases require the con- sent of and approval by all lien holders. Included is a requirement that the city release any rights it may have to a 16 acre option tract whether a valid option exists or not. (2) The values established assume a September 1, 1982 closing. If the closing is delayed, the composite prices shall be increased on a per diem basis computed at 11% per annum for each day beyond September 1, 1982; however, the closing shall not occur later than December 1, 1982. The balance of the purchase of Phase II and III shall be represented by the City of Coppell's Real Estate Note bearing interest at 11%, payable interest only semi-annually and the principal payable September 1, 1983 and 1984 (see Phase II and III schedule). (3) The proposal is intended to be cor]sidered as a total package and assumes the acceptance of Zoning Request of owner and City of Coppell pays for its pro rata share when and as con- structed for all utility, drainage, and street costs. Where adjacent to proposed streets, it is assumed the property line is to the center line of such streets. (4) In order for the composite values to work, it is assumed that: (A) Certain tracts will be required as a borrow area to construct the Berm and to restore certain areas previously mined for gravel. These areas to be designated by owner pending final engineering. (B) As the drainage study is not finalized for all of the property lying south of the Berm, certain alignment adjustments may be necessary pending final engineering. '(C) Major subdivision drainage will be permitted as channel due to the flatness of open topography and curative problems necessitated by the prior gravel excavation. (5) If ~or any reason, the city does not pay off the acquisition within the agreed times, the property not paid for would be released from any obligations to the city and would revert back to Town Center (TC) zoning. (6) No park fee would be charged against the Parks of Coppell property in excess of $500 per usable and platted acre. Any such park fees collected would be used to purchase and develop the City Park in the Town Center. (7) Detentio~ areas wilt be constructed in a manner to be used as recreation fields when they are dry. FULLY DEVELOPED TAX BASE 13 THE PARKS OF COPPELL GROWTH FORECAST I. DWELLINGS TAX ADDED REVENUE % PERIOD VALUE PER YEAR* 10% 3 Years $22,000,000 68,376 30% 5 Years $66,000,000 205,128 40% 8 Years $88,000,000 273,504 20% 10 Years $44~000,000 136,752 100% 10 Years $220,000,000 683,760 Taxes/Year to City of Coppell II. TOWN CENTER AND COMMERCIAL TAX ADDED REVENUE % PERIOD TAXABLE VALUE PER YEAR* 10% 3 Years $ 8,000,000 24,640 20% 5 Years $ 8,000,000 24,640 20% 8 Years $16,000,000 49,280 30% 10 Years $24~000r000 73,920 80% 10 Years $56,000,000 172,480 *Based upon .308¢ per 100 valuation and assuming a normal economy. 14 THE PARKS OF COPPELL III. 10 YEAR VALUE ADDED SUMMARY I. Value of Park, Municipal Center, and Civic Center over Cost $1,000,000 II. Annual tax revenue from "The Parks of Coppell" fully developed (Town Center, Retail, Single Family, Multifamily, Town House) $ 856,240 NOTE: 1. In addition to Annual Advalorem Tax Revenue there would also be Sales Tax Revenue which is not included in the figures above. 2. The three year projections of tax revenue would exceed the revenue from the top 10 current tax payers to the City of Coppell. PROPOSED NEW ZONING ORDINANCES AND MODIFICATIONS REQUESTED TO EXISTING ORDINANCES ZONING ORDINANCE COMMENTS The following are comments for clarification and/or requested modifications of the existing Zoning Ordinance of the City of Coppell, Texas; adopted October 23, 1979: 1) Add the word "Condiminium Housing" (Condo) to the uses permitted in Multi-Family One and Two classifications (MF-1 and 2). Although "Condiminium" appears as item No. 87 as a permitted use in MF-1 and MF-2 of the "Schedule ~ of use by District", it is not defined in Section 34 or set out as a permitted use in Section 15 (MF-1) or 16 (MF-2). 2) Add new zoning classification for: a) Townhouse - 2 (TH-2) b) Single Family (0 Lot Line, Garden, and Patio) 3) Section 30.03, Paragraph 3 on Page 56 to be modified to read: "For the of side yard regulations, an purpose attached dwelling or multi-family dwelling shall not be considered as one building occupying one lot," 4) Ail front yard, side yard, back yard set backs shall be interpreted under those regulations set out in the uniform building code ("UBC") as adopted by the City of Coppell, Texas. I 5) We will request MF-2 zoning but will restrict as follows: Unit Size Max % a) One bedroom efficiency 500 50% b) Two bedroom 700 100% c) Three bedroom 850 100% 6) Under 16.01, Page 21, add TH-2 as a permitted use. ! SECTION 21.5 "TC" TOWN CENTER '~ 21.51 Use Regulations: A building on premise shall be used only for the following purposes: 1. Any uses permitted in District "C", "O/M", "SC", "R" "MF-2" "MF-i" "TH-2" and/or "TH-l"; provided however, that not more than 30% of the total area is utilized for residential purposes. 2. Community Center (Public or Private) 3. College, University or Seminary 4. Private or Public School or Kindergarten 5. Library, Art Gallery, or Musuem 6. Hospital or Nursing Home 7. Laboratory (Medical, Dental, or Optical) 8. Church 9. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisances. 10. Such uses may be permitted under the provisions of Specific Use Permits. 21.52 Height Regulations: Refer to the individual sections governing each individual use. 21.53 Area Regulations: Refer to the individual sections governing each individual use. 21.54 Parking and Loadinq Regulations: Off-street parking and shall be in accordance with the loading spaces provided requirements for specific uses set forth in Section 29, except that the distances to a common parking area shall not exceed 1,000 feet. 21.55 Screening Regulations: There shall be provided and main- tained by the owner a screening device on any side abutting an SF-7, SF-9, SF-12 or an SF-18 Residential Use District. Refer to the individual section governing each individual use. SECTION 1. "TH-2" Zoning Ordinance 1.01 Definition of a Townhouse: A townhouse is defined as two or more attached single family dwelling units, each being located on a separate platted lot pro- vided that no more than six (6) units are attached in a contiguous manner, and provided that no unit is constructed above another unit. 1.02 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "SF-Zero Lot Line". 2. Any use permitted in District "TH". 3. Construction of townhouse dwellings as defined above, and which meet the specifications hereinafter described. 4. Community center, recreational buildings and facilities, which are incidental to the above residential uses. 5. Churches, public schools, and other public buildings. 6. Private residential garages and private residential swimming pools. 1.03 Height Regulations: No building shall exceed thirty-five (35) feet or two and one-half (2½) stories in height. 1.04 Area Regulations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a required depth of not less than twenty (20) feet. Furthermore, required off-street parking shall not be allowed within the required front yard. In the event required off-street parking is provided at the rear of a lo% which is entered directly from the alley or rear (side) private driveway, the front yard may be reduced to a minimum of fifteen (15) feet. (b) Side Yard: There shall be no side yard required in the TH-2 District. There shall, however, be no more than six (6) attached dwelling units located in a single building structure. There shall be a minimum separation between every six dwelling units of at least fifteen (15) feet. No detached structure shall be closer than five (5) feet between facing exterior walls of neighboring dwelling units and no facing walls of neighboring dwelling units which both contain an opening shall be closet than ten (10) feet. No detached structure adjacent to a side street shall be closer than fifteen (15) feet to the right-of-way line. The allowable non-residential uses in the TH-2 District shall have the side yard requirement of no less than twenty-five (25) feet." (c)Rear Yard: There shall be a rear yard having a depth of not less than ten (10) feet. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot less than two thousand (2,000) square feet, or the equivalent thereof, per dwelling unit. (b) Lot Width: The width of the lot shall not be less than ten (10) feet at any point, however, its average width shall not be less than twenty-five (25) feet. (c) Lot Depth: There shall be no required lot depth in the TH-2 District. 3. Minimum Dwelling Size: The average floor area of the attached dwelling units located in a separate detached structure shall be one thousand (1,000) square feet ex- clusive of garages, breezeways, and porches for each separate unit. The miniraum floor area of any dwelling unit shall be nine hundred (900) square feet, exclusive of garages, breezeways, and porches. 4. Lot Coverage: In no case shall more than seventy percent of the total lot area be covered by the combined area of the main building and the accessory buildings. 1.05 Parking Regulations: Two off-street parking spaces shall be provided for each dwelling unit in accordance with the requirements for specific uses set forth in Section 29 of the Comprehensive General Ordinance. 1.06 That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are here- by repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. 1.07 Sub-Division Planning and Development: All areas utilized for locating the dwelling units hereunder shall be platted properly and shall be located on dedicated streets, pro- vided however, that private streets or drives may be provided if homeowners association or other agency has control of maintenance of such private streets. All private streets, alleys, and drives must be shown on the sub-division plat. SECTION 1. Single-Family - Zero Lot Line "SF-Zero Lot Line" 1.01 Purpose of the District: Because of the newness of garden homes, cluster homes, patio homes, and other " single-family housing concepts in Coppell and because some of such housing does not fall into any existing zoning the City of Coppell, residential district in the City of Coppell finds a set of regulations are necessary to set forth the City's policy and attitude toward these housing types. The City does encourage new and creative ideas when such ideas are in the best interest of the City as a whole. Therefore, this district is intended to permit detached single-family dwelling units, which are surrounded by open space on at least three sides on the same building lot, and which are intended for occupancy by one family. This zoning to permit detached single-family district is intended all dwelling units which are located on separately platted lots. The use and occupancy of the single-family dwell- ing units permitted in this district shall be identical to all other single-family dwelling units except that the set backs and other requirements must comply with the standards specified herein. 1.02 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "SF-7". 2. Detached single-family dwellings, cluster homes, zero lot line homes, patio homes, and/or garden homes pro- vided the setbacks and other requirements comply with the standards specified in this ordinance. 3. Community center, recreational buildings, and facili- ties which are incidental to the above described residential uses. 4. Churches, public schools, and other public buildings. 5. Private residential garages and private residential swimming pools. 1.03 Height Regulations: No'building shall exceed thirty- five (35) feet or two and one-half (2%) stories in height. 1.04 Area Requlations: 1. Size of Yards: (a) Front Yard: There shall be a front yard having a required depth of not less than twenty (20) feet unless off-street parking is provided at the rear of the lot that is entered directly from the alley or rear (side) private driveway, in which event the following may be permitted: 21 i. Front yard may be reduced to a minimum of fifteen (15) feet. ii. A fence may be permitted within the front set back, provided it is no closer than ten (10) feet to the street right-of-way and the fence is constructed of masonry or materials similar to those utilized in the princip single-family structure and shall not exceed six (6) feet in height. Required off-street parking shall not be allowed within the required front yard. {b) S±de Yard: There shall be no side yard requ±red on one side of the dwelling un±t. A minimum side yard of five (5) feet shall be required on the opposite side. No detached structures shall be closer than five (5) feet between facing exterior walls of neighboring dwelling units and no facing walls of neighboring dwelling units which both contain an opening shall be closer than ten (10) feet. Further, each lot shall provide an access easement of three (3) feet, which shall be pro- vided and so indicated on the subdivision plat, to allow the adjacent owned' access to the exte- rior wall of his dwelling. 2. Size of Lot: (a) Lot Area: No building shall be constructed on any lot less than three thousand (3,000) square feet. (b) Lot Width: The width of the lot shall not be less than ten (10) feet at any point. However, the average width of the lot shall not be less than thirty (30) feet. (c) Lot Depth: The depth of the lot shall not be less than eighty (80) feet at any point. 3. Minimum Dwelling Size: The minimum floor area of any dwelling shall be one thousand two hundred (1,200) square feet exclusive of garages, breezeways, or porches. 4. Lot Coverage: In no case shall more than sixty percent of the total lot be covered by the combined area of building accessory buildings. the main and 1.05 Parking Regulations: Two off-street parking spaces shall be provided for each dwelling unit in accordance with the requirement for specific uses set forth of Section 29 of the Comprehensive General Ordinance. 1.06 Alleys: Shall not be required in this district except where necessary to provide ingress and egress to lots facing a collector size of larger street. 22 1.07 That all ordinances of the city in conflict with the provisions of the ordinance be, and the same are here- by repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. 1.08 Subdivision Planninq and Development: Ail areas utilized for locating the dwelling units hereunder shall be platted property and shall be located on dedicated streets, pro- vided however, that private streets and drives may be provided if a home owners association or any other agency has control of maintenance of such private streets. All private streets, alleys, and drives must be shown on the subdivision plat. 23 DEVELOPMENT ITEMS FOR APPROVAL 24 DEVELOPMENT ITEMS REQUIRING CITY AUTHORIZATION AND AGREEMENT The following items are submitted as part of the Zoning Request by the Parks of Coppell. It is intended that agreements on these issues will be drafted and become part of the approved Zoning Ordinance: (1) In selected areas half streets, a minimum of lk2 feet in paving width, with 100% ROW dedication ~ would be permitted until such time as the property across the half street is final platted and devel- oped. (i.e., Moore Road and Lodge Road extensions and certain parts of Parkway Blvd.). (2) The City of Coppell shall submit an application for floodway amendment to the Corps of Engineers in accordance with the study of Carter & Burgess. The Berm and Drainage Design of Carter and Burgess, shall be approved prior to closing Phase I, II or III. (3) Aproved ROW and street widths not to exceed the following: A) 60' ROW and 44' paving for: Moore Road (Extension) Deforest Road (Improvement) Lodge Road (Extension) Heartz Road (Extension) Parkway Blvd. (New) B) The following roads are County or State roads and require not more than 120' ROW (60' each side of existing center line) with no paving cost or expense to property owner: Sandy Lake Denton Tap (Belt Line Extension) (4) alleys required any sepa- Perimeter shall not be for rate zoning classification. (5) Where perimeter street escrow is required without street construction, owner may use funds so escrowed to construct other collector sized streets within the property; provided however, funds so used are secured by documents acceptable to the city. (6) Fill shall be permitted within the floodway in approved areas. (7) Residential lots may front on the streets referenced in (3)(A) above, provided rear driveway access is constructed. 25 DEVELOPMENT ITEMS Page 2 (8) Sidewalks, if required, shall be constructed at the street curb line when the dwelling related thereto is constructed. (9) Detention areas (on dry side of the Berm line) con- structed to be used as recreation areas, and upon completion will be dedicated to and maintained by the city as part of the Park system. (10) City permits will be issued in certain approved areas to burn cleared vegetation and wood items. (11) Since the city does not recognize Lodge Road along the southern boundary of Tract 9, it shall be abandoned by ordinance. (12) There shall be no requirement of the owner to extend Moore Road north of Berm line or participate in con- struction of any bridge structures across Denton Creek. (13) Major subdivision drainage will be permitted as open channel due to the flatness of topography and cura- tive problems necessitated by the prior gravel excavation. 26 THE PAR~S OF COPPELL, TEXAS PROPOSED ZONING COPPELL DU/AC ~ ~.TOWN CENTER (TC) ~ 3SO.0AC. SINGLE FAMILY, ~ 101.4 AC ZENO LOZ TOWN HOUSE COHME~CIAL (COMM) ~ 15.2 AC. TOTAL AC~ES ZOI.1 AC. __ 6 DU/AC :::::: 8 DU/AC ::::::::: ::::::::::::::::::::::::: 20 DU/AC l[ 20 DU/AC ~ ! I 1