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OR 91-500 Zoning Ordinace No. 297ZONING ORDINANCE CITY OF COPPELL ORDINANCE NO. 91500 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 TABLE OF CONTENTS SECTION 1 ENACTING CLAUSE SECTION 2 PURPOSE SECTION 3 ZONING DISTRICTS ESTABLISHED SECTION 4 ZONING DISTRICT MAP SECTION 5 ZONING DISTRICT BOUNDARIES SECTION 6 TEMPORARY ZONING - ANNEXED TERRITORY SECTION 7 COMPLIANCE REQUIRED SECTION 8 "A" - AGRICULTURAL SECTION 9 "SF -ED" - SINGLE FAMILY RESIDENTIAL - ESTATE DISTRICT SECTION 10 "SF -18" - SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS SECTION 11 "SF -12" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS SECTION 12 "SF -9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS SECTION 13 "SF - 7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS SECTION 14 "SF - 0" SINGLE FAMILY RESIDENTIAL - ZERO LOT LINE DISTRICT REGULATIONS "2F - 9" TWO FAMILY RESIDENTIAL DISTRICT REGULATIONS "TH - 1" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS "TH - 2" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS "MF - 1" MULTI - FAMILY RESIDENTIAL DISTRICT REGULATIONS "MF -2" MULTI - FAMILY RESIDENTIAL 2 DISTRICT REGULATIONS "MH" MANUFACTURED HOME PARK DISTRICT REGULATIONS "0" OFFICE DISTRICT REGULATIONS 2 2 2 3 6 5 6 7 11 13 16 19 21 23 25 28 30 33 36 40 43 45 SECTION 22 "R" RETAIL DISTRICT ....................................................................................48 SECTION 23 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS ....................51 SECTION 24 "C" COMMERCIAL DISTRICT REGULATIONS ..........................................55 SECTION 25 "TC" TOWN CENTER DISTRICT ..................................................................58 SECTION 26 "LI" LIGHT INDUSTRIAL DISTRICT ...............................................................63 SECTION 27 "HI" HEAVY INDUSTRIAL DISTRICT ............................................................66 SECTION 28 "PD" PLANNED DEVELOPMENT DISTRICT .............................................68 SECTION 29 "FP" - FLOOD PLAIN DISTRICT ...................................................................75 SECTION 30 "SUP" - SPECIAL USE PERMITS ................................................................77 SECTION 31 OFF - STREET PARKING REQUIREMENTS ..............................................98 SECTION 32 SPECIAL AND ADDITIONAL REGULATIONS ..........................................105 SECTION 33 SCREENING STANDARDS .........................................................................109 SECTION 34 LANDSCAPE REQUIREMENTS .................................................................113 SECTION 35 ACCESSORY BUILDING REGULATIONS ..................................................117 SECTION 36 GLARE AND LIGHTING STANDARDS .......................................................120 SECTION 37 PLATTING PROPERTY NOT PERMANENTLY ZONED ...........................122 SECTION 38 CLASSIFICATION OF NEW AND UNLISTED USES ................................123 SECTION 39 CREATION OF BUILDING SITE ....................................................................124 SECTION 40 NONCONFORMING USES AND STRUCTURES .......................................125 SECTION 41 BOARD OF ADJUSTMENT ............................................................................127 SECTION 42 SPECIAL DEFINITIONS ..................................................................................132 SECTION 43 CERTIFICATES OF OCCUPANCY AND COMPLIANCE ..........................147 SECTION 44 AMENDMENTS AND ADMINISTRATIVE PROCEDURES ........................149 SECTION 45 APPLICATION AND FILING FEES .................................................................152 ii SECTION 46 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES ..................................152 SECTION 47 PENALTY FOR VIOLATIONS ...............................................................153 SECTION 48 VALIDITY ..................................................................................................153 SECTION 49 EFFECTIVE DATE .................................................................................154 APPENDIX ILLUSTRATIONS, USE CHARTS ............................................................155 CITY OF COPPELL, TEXAS ZONING ORDINANCE ORDINANCE NO. 91500 AN ORDINANCE AMENDING THE BASIC ZONING ORDINANCE NO. 297 OF THE CITY OF COPPELL, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 8TH DAY OF DECEMBER, 1983, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN APPROVED BY CITY COUNCIL; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, SIZE OF YARDS COURTS AND OPEN SPACES, THE HEIGHT, BULK AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR Special USE PERMITS; SPECIFYING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND OFF-STREET LOADING AREAS; PROVIDING A FLOOD PLAIN PREFIX AND REGULATING CONSTRUCTION THEREIN; PROVIDING MINIMUM REQLffRED FLOOR AREAS FOR DWELLING UNITS AND THE TYPE OF EXTERIOR CONSTRUCTION IN THE VARIOUS DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY STRUCTURES; ADOPTING PERFORMANCE STANDARDS FOR INDUSTRY; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE, PROVIDING FOR SITE PLAN APPROVAL, PROVIDING FENCE AND WALT, REGULATIONS; PROVIDING SPECIAL ACCESS STANDARDS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND IN THE ORDINANCE: CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR NON-CONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN ITEMS; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($ $2,000.00) FOR EACH OFFENSE: PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER THE EXISTING ORDINANCE. WHEREAS, under the laws of the State of Texas, authority is conferred upon the City of Coppell to establish zoning districts within the City for the purpose of regulating the use of land and controlling the density of population to the end that congestion may be lessened in the public streets and that the public health, safety, convenience and general welfare be promoted; and, --- WHEREAS, a public hearing was held by the Planning and Zoning Commission on May 17, 1990, after written notice was mailed to all owners of real property as their names appeared on the last approved tax roll in accordance with V.T.C.A. Local Government Code Section 211.007; and WHEREAS, the Planning and Zoning Commission, after said public hearing, recommended adoption of a new Zoning Ordinance; and WHEREAS, a public hearing was held by the City Council after notice was published in the official newspaper of the City as required by V.T.C.A. Local Government Code 211.006; NOW, THF~REFORE, BE IT ORDAINED BY THt~ CITY COUNCIL OF THF~ CITY OF COPPELL, TEXAS: SECTION 1 ENACTING CLAUSE 1-1 This Ordinance is hereby adopted as the Comprehensive Zoning Ordinance of the City of Coppell, Texas. The Zoning Ordinance of the City adopted December 8, 1983, together with amendments thereto, Ordinance No. 279, is hereby amended A and repealed except as provided for in Sections 28-5 and 30-17 of this ordinance. SECTION 2 PURPOSE 2-1 The Zoning Regulations and Districts as herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the City. They have been designed to lessen the congestion in the streets; to secure safety ~'om 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 transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. 2 SECTION 3 ZONING DISTRICTS ESTABLISHED 3-1 The City of Coppell, Texas, is hereby divided into twenty-three (23) zoning districts. The use, height and area regulations as set out herein are uniform in each district. The districts established herein shall be known as: Abbreviated Designation Zoning District Name A Agricultural District SF-ED Single-Family Residential Estate District SF- 18 Single-Family Residential District SF- 12 Single-Family Residential District SF-9 Single-Family Residential District SF-7 Single-Family Residential District SF-0 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 Manufactured Home Park District 0 Office District R Retail District HC Highway Commercial C Commercial District TC Town Center District LI Light Industrial District HI Heavy Industrial District PD Planned Development District FP Flood Plain District SUP Special Use Permit 3-2 DEFINITION AND PURPOSE OF ZONING DISTRICTS A - Agricultural District. This district shall be used for farming, ranching, forestry, and mining uses not hazardous by reasons of odors, dust, fumes, noise or vibration; single family dwellings; and is considered the proper classification for large areas of undeveloped land or newly annexed land in the City. SF-ED - Single-Family Residential - Estate District - This district is intended to be composed of single-family detached dwellings on lots not less than one acre (43,560 square feet). SECTION 3 - ZONING DISTRICTS 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. SF-7 - Single-Family Residential District. This district is intended to be composed of Single-Family detached dwellings on lots not less than seven thousand (7,000) square feet. 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 (4,500) four thousand five hundred square feet. 2F-9 - Two Family Residential District. This district provides 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 3,000 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 2,500 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 16 units per acre. 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 22 units per acre. 4 SECTION 3 - ZONING DISTRICTS MH - Manufactured Home Park District. This district is intended for the management and maintenance of a Manufactured Home Park, recreational building, swimming pool, private club, laundry and storage facilities for use of the residents of the manufactured home park. O - Office - 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. HC - Highway Commercial District - This district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. 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 community. 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 planning and development through the combination of uses. FP - Flood Plain - Prefix - When added to any of the aforelisted districts, the prefix specifies a sub-district subject to the provision of Section 30~ SUP - Special Use Permit - When added to any of the residential or non-residential zoning classifications, this prefix specifies that a permit has been granted to allow a special use, provided certain conditions are met, as specified in the ordinance adopted by the City Council, granting the Special Use Permit zoning classification. 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 beating the signature of the Mayor and attestation of the City Secretary and shall be filed and maintained as follows: 1. Two copies shall be filed with the City Secretary, one of which shall be retained as the original record and shall not be changed in any manner, and the second shall be maintained up-to-date by posting thereon all changes and subsequent amendments. 2. One copy shall be filed with the Building Official and shall be maintained up- to-date by posting thereon all changes and subsequent amendments for observation in issuing Building Pennits, Certificates of Occupancy and ~. Compliance and for enforcing the Zoning Ordinance. 3. One copy shall be maintained in the records of the Planning and Zoning Department for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments. 4. Reproductions for information purposes may, from time to time, be made of the official Zoning District Maps. The map may be updated as individual zoning requests are approved. 6 ,-, SECTION 5 ZONING DISTRICT BOUNDARIES 5-1 THE DISTRICT BOUNDARY LINES SHOWN ON THE ZONING DISTRICT MAP ARE USUALLY ALONG STRF-F. TS, ALLEYS, PROPERTY LINES OR EXTENSIONS THEREOF. WHERE UNCERTAINTY EXISTS AS TO THE BOUNDARIES OF DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAP, THE FOI J,OWING RULES SHALL APPLY: 5-2 Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the center line of such street, highway or alley. 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 center line of the fight-of-way or if no center line is established, the boundary shall be interpreted to be midway between the right-of-way lines. -- 5-6 Boundaries indicated as approximately following the center lines of streams, drainage-ways or other bodies of water shall be construed to follow such center lines. 5-7 Boundaries indicated as paralleled to or extensions of features indicated in 5-1 through 5-6 above shall be so construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the Map. 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 ffanchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the center line of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all 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. 7 SECTION 5 - ZONING DISTRICT BOUNDARIES 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 REGULATIONS. 6~2 In an area temporarily classified as "A", Agricultural District: 1. No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Coppell without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Building Official or the City Council as may be required. 2. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the "A", Agricultural District, unless and until such --- territory has been classified in a zoning district other than the "A", Agricultural District, by the City Council in the manner prescribed by law except as provided in 6-2 3. following. 3. An application for a permit for any use other than that specified in paragraph 2 above shall be made to the Building Official of the City of Coppell and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council and the action and recommendation of each body concerning any such permit shall take into consideration the appropriate land use for the area. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application. SECTION 7 COMPLIANCE REQUIRED 7-1 ALL LAND, BUII,13INGS, STRUCTURES OR APPURTENANCES THEREON LOCATED WITHIN THE CITY OF COPPEI ,L, TEXAS, WHICH ARE HEREAFTER OCCUPIED, USED, ERECTED, ALTERED, REMOVED, PLACED, DEMOLISHED OR CONVERTED SHALL BE OCCUPIED, USED ERECTED, ALTERED, REMOVED, PLACED, DEMOLISHED OR CONVERTED IN CONFORMANCE WITH THE ZONING REGULATIONS PRESCRIBED FOR THE ZONING DISTRICT IN WHICH SUCH LAND OR BUILDING IS LOCATED AS HEREINAFTER PROVIDED. 10 SECTION 8 "A" - AGRICULTURAL General Purpose and Description - This district is intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes, but then may become an urban area in the future. Generally, Agricultural Districts, will be near development; therefore, the agricultural activities conducted in the Agricultural District, should not be detrimental to urban land uses. The types of uses and the area and intensity of use permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made. 8-0 Use Regulations: A building or premise shall be used only for the following purposes: 1. Single-family dwellings on building lots of three (3) acres or more in areas where said dwellings can be adequately served by water wells and septic tanks located on the building lot. 2. All general and special agricultural, farming, ranching, stables, stock and poultry raising, dairy, and other related uses so long as same do not cause a hazard to health by reason of unsanitary conditions; and not offensive by reason of odors, dust, fumes, noise or vibration; and are not otherwise detrimental to the public welfare; and in no cause shall poultry, fowl or swine be kept nearer than one hundred (100) feet from any property line. 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. Greenhouse, green nursery and general gardening activities. 6. Riding Academy or other equestrian related activities. 7. Sewage treatment plant. (public operated) 8. Water Treatment plant. 9. Home Occupation. 11 SECTION 8 - "AGRICULTURAL" 10. Such uses as may be permitted under the provisions of Spedal Use Permits, Section 30-4. 8-1 Maximum Height Regulations - Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 8-2 Area Reaulations: 1. Minimum Size of Yards (A) Front Yard: forty (40) feet. (B) Side Yard: Ten (10) percent of the width of the lot, not to exceed fifty (50) feet. (C) Rear Yard: Twenty-five (25) feet. 2. Minimum Size of Lot: (A) Lot Area: three (3) acres. .-- (B) Lot Width: Two hundred (200) feet. (C) Lot Depth: Three hundred (300) feet. 3. Minimum Dwelling Size: Two thousand four hundred (2,400) square feet exclusive of garages, breezeways and porches. 4. Maximum Lot Coverage: Ten (10) per cent of the total area of the lot may be covered by the combined area of the main buildings and accessory buildings. 8-3 Parking Regulations: Two (2) enclosod spaces behind the front yard line. Off- street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 31. Where lots are adjacent to alley, the enclosed parking area (garage) must be accessed offof the alley only. 8_4 Type of Exterior Construction: At least eqghty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 12 ,.._, SECTION 9 "SF-ED" - SINGLE FAMH~Y RESIDENTIAL - ESTATE DISTRICT General Purpose and Description of the Single Family Districts: The Single Family Districts are the most restrictive residential districts. The principal use of land in these districts is for low density single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. Internal stability, harmony, 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. 9-1 Use Regulations: 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 premises. 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) 8. Temporary buildings for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work. 13 SECTION 9 - "SF-ED" 9. Water supply reservoirs, pumping plants and towers. 10. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. 11. Sewage treatment plant (Public Operated). 12. Water treatment plant. 13. Non-commercial stables as an accessory use to the housing of animals owned by the resident. 14. Home Occupation. 15. Such uses as may be permitted under the provisions of Special use pennfits, Section 30-5. 9-2 Maximtwn Height Regulations: Thirty five (35) feet nor more than two and one- half(2-1/2) stories high. -- 9-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yards: Fifty (50) feet. (B) Side Yard: Ten (10%) per cent of the width of the lot not to (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: One (1) acre (43,560 square ft.). (B) Lot Width: One hundred fifty (150) feet. (C) Lot Depth: Two hundred fifty (250) feet. 3. Minimum Dwelling Size: Two thousand four hundred (2400) square feet, exclusive of garages, breezeways and porches. 14 SECTION 9 - "SF-ED" 4. Maximum Lot Coverage: Twenty (20%) per cent of the total area of the lot may be covered by the combined area of the main buildings and accessory buildings. 9-4 Parking Regulations: Two (2) enclosed spaces per dwelling unit behind the from yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. 9-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 15 SECTION 10 "SF-18" - SINGLE FAMH~Y RESIDENTIAL DISTRICT REGULATIONS 10-1 Use Regulations: A building or premise shall be used only for the following uses: 1. Single-family dwellings, including uses permitted in the "SF-ED" District. 2. Farms, nurseries, greenhouses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises. 3. Parks, playgrounds, community buildings, museums and other public recreational facilities, owned and/or operated by the municipality or other public agency; and privately owned and maintained recreation areas. 4. Public buildings, including libraries, museums, police and fire stations, and similar public uses or facilities. 5. Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years. --- 6. Public schools (kindergarten through high school). 7. Temporary buildings for use incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work. 8. Water supply reservoirs, pumping plants and towers. 9. Telephone exchange provided no public business and no repair or outside storage facilities are maintained. 10. Sewage treatment plant (Public Operated). 11. Water treatment plant. 12. Non-commercial stables as an accessory use to the housing of animals owned by the resident. 13. Home Occupation. 14. Such uses as may be permitted under provisions of Special Use Permits, Section 30 -6. 16 SECTION 10 - "SF-18" 10-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 10-3 Area Regulations: 1. Minimum Size of Yards (A) Front Yard: Thirty (30) feet. Where lots have double fromage running through fom one street to another, the required from yard shall be provided on both streets. (B) Side Yard: Ten (10%) percent of the lot width, but in no case shall the side yard be less than 8 feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses shall be not less than twenty-five (25) feet. (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: Eighteen thousand (18,000) square feet. (B) Lot Width: One Hundred (100) feet. (C) Lot Depth: One-hundred ~Ry (150) feet. 3. Minimum Dwelling Size: Two thousand (2,000) square feet, exclusive of garages, breezeways and porches. 4. Maximum Lot Coverage: Twenty-five (25%) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 10-4 Parking Regulations: Two (2) enclosed spaces behind the font yard line. Off- street parldng spaces shall be provided in accordance with the requkements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. 10-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) 17 SECTION 10- "SF-18" percent masonry exclusive of doors, windows and the area above the top plate line. 18 SECTION 11 "SF-12" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 11-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district. 2. Home Occupation. 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 30-5 and 30-6. 1-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 1-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. 0il) Side Yard: Ten (10%) per cent of the lot width, but in no case shall the side yard be less than eight (8) feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses twenty-five (25) feet. (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: Twelve thousand (12,000) square feet. (B) Lot Width: Eighty-five (85) feet. (C) Lot Depth: One-hundred ten (110) feet. 3. Minimum Dwelling Size: Eighteen hundred (1,800) square feet, exclusive of garages, breezeways and porches. 19 SECTION 11 - "SF-12" 4. Maximum Lot Coverage: Thirty-five (35%) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 11-4 Parking Regulations: Two (2) enclosed spaces behind the front yard line. Off- street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. 11-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 20 21 SECTION 12 "SF-9" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 12-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED", "SF-18" or the "SF-12" districts. 2. Home Occupation. 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 30-5 and 30-6. 12-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 12-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required --- front yard shall be provided on both streets. (B) Side Yard: Eight (8) feet. A side yard adjacent to a side street: fifteen (15) feet. Allowable non-residential uses: Twenty-five (25) feet. (C) Rear Yard: Twenty (20) feet. 2. 1Vrmimum Size of Lot: (A) Lot Area: Nine thousand (9,000) square feet. (B) Lot Width: Seventy-five (75) feet (C) Lot Depth: One hundred (100) feet. 3. Minimum Dwelling Size: Sixteen hundred (1,600) square feet, exclusive of garages and breezeways and porches. 4. Maximum Lot Coverage: Thirty-five (35) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 22 SECTION 12 - "SF-9" 12-4 Parking Regulations: Two (2) enclosed parking spaces per unit behind the from yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 3 1. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. 12-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each stow above the first floor of a straight wail structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 23 SECTION 13 "SF - 7" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS 13-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED", "SF-18", "SF-12" or the "SF-9" district. 2. Home Occupation. 3. Such uses as may be permitted under the provisions of special use permits in the Sections 30-5 and 30-6. 13-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two (2) stories 13 -3 Area Regulations: 1. Minimum Size of Yards: (A) From Yard: Twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required fi'ont yard shall be provided on both streets. (B) Side Yard: Eight (8) feet. A side yard adjacent to a side street: fifteen (15) feet. Allowable non-residential uses: twenty-five (25) feet. (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: Seven thousand (7,000) square feet. (B) Lot Width: Sixty-five (65) feet. (C) Lot Depth: One hundred (100) feet. 3. Minimum Dwelling Size: Twelve hundred (1,9-00) square feet, exclusive of garages, breezeways, and porches. 4. Lot Coverage: Forty (40%) per cent of the total area may be covered by the combined area of the main buildings and accessory buildings. 24 SECTION 13- "SF-7" 13-4 Parking Regulations: Two (2) enclosed off-street parking spaces behind the from building line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. No parking shall be allowed within the front yard. 13-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 25 SECTION 14 "SF - 0" SINGLE FAMH,Y RESIDENTIAL - ZERO LOT LINE DISTRICT REGULATIONS 14-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Development in the SF-0 District is restricted to Residential Units built in conformance to the criteria defined by the SF-0 District Regulations only. The cumulative element clause, as applied to other zoning classifications, (SF detached, Multi-Family attached and commercial/business type uses specifically) does not apply to the SF-0 district. 2. Zero lot line residential detached dwelling in a platted subdivision. 3. Clustering of detached single family units is 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 buildings 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 Planning and Zoning Commission and City Council. 5. Such uses as may be permitted under the provisions of Special Use Permits, Section 30-6. 6. Home Occupations. 14-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 14~3 Area Regulations: 1. Minimum Size of Yards (A) Front Yard: Fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodating the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a street. Where lots have double ~-ontage, from one street to another, the required front yard shall be provided on both streets. 26 SECTION 14 - "SF-0" 0ii) Side Yard: No side yard is permitted on one side of the lot. On that side of the lot, the majority of the wall of the residential structure shall be located less than three (3) feet from the property line. The minimum separation of ten (10) feet is required between residential structures on adjacent lots. The side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses, twenty-five (25) feet. A side yard adjacent to an alley shall no be less than ten (10) feet. Each lot shall provide, by plat, an access and maintenance easement adjacent to the "non-zero" lot line to allow the adjacent property owner access for maintenance of their dwelling. Said easement shall be a minimum width of four (4) feet. (C) Rear Yard: Ten (10) feet; however, a twenty (20) foot rear building line shall be observed for the garage portion of a structure, when the garage portion of a structure faces onto and has vehicular access from a dedicated alley. 2. Minimum Size of Lot (A) Lot Area: Four thousand, five hundred (4,500) square feet. (B) Lot Width: Thirty (30) feet. (C) Lot Depth: Eighty (80) feet. 3. Minimum Dwelling Size: Twelve hundred (1,200) square feet exclusive of garage, breezeways, and porches. 4. Maximum Lot Coverage: Seventy (70%) per cent. 14-4 Parking Regulations - Two enclosed off-street parking spaces shall be provided behind the from building line for each unit in accordance with the requirements in Section 31. Where lots are adjacem to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard. 14-5 Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 42- 27 SECTION 14- "SF-0" 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 28 SECTION 15 "2F - 9" TWO FAMH,Y 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 from 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. Home Occupations. 2. Two family residence (duplex) 3. Such uses as may be permitted in Special Use Permits, Section 30-6. 15-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one- half(2-1/2) stories high. 15-3 Area Regulations: 1. Minimum Size of Yards: (A) From Yard: Thirty (30) feet. (B) Side Yard: Ten (10) feet. A side yard adjacent to a side street: fifteen (15) feet. Allowable non-residential uses: twenty-five (25) feet. (C) Rear Yard: 20 feet 2. Minimum Size of Lot: (A) Lot Area: Nine thousand (9,000) square feet or four thousand five hundred (4,500) per unit. (B) Lots in the 2F-9 District may be platted in pairs such that a duplex unit may be placed on each pair of lots. The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair. There shall be only one dwelling unit per lot, and no dwelling unit shall cross a lot line. No single-family detached dwelling may be constructed on one of the designated pair of lots. 29 SECTION 15 - "2F-9" "" (C) Where lots in the 2F-9 District are not platted in pairs, the lots may be further re-subdivided into two (2) separate lots (but no such Ruther re- subdivision shall be permitted) by metes and bounds survey prepared by a licensed surveyor of the State of Texas, such re-subdivision to accomplish the division of said lots into two (2) separate parcels so as to allow the separate use of each portion of the property as an individual dwelling. There shall be only one(l) dwelling unit per parcel, and no single-family detached dwelling may be constructed on one of the re-subdivided parcels. (D) Lot Width: Eighty (80) feet. 0i) Lot Depth: One hundred (100) feet. 3. Minimum Dwelling Size: One thousand two hundred (1,200) square feet exclusive of garages, breezeways, and porches. 4. Lot Coverage: Forty (40%) per cent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 5-4 Parking Regulations: Two (2) enclosed off-street spaces per unit behind the from yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. No parldng shall be allowed within the from yard. 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 (see Section 42- 80) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 3O _.- SECTION 16 "TH - 1" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The TH-1 District is intended to provide for medium density dwellings platted on individual lots. This district functions as a buffer or transition between major sweets 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. Common open space, community center, recreational buildings and facilities provided they are incidental to the above described residential uses and are approved on a final plat. Any homeowners association rules and by-laws shall be approved by the Planning and Zoning Commission and City Council. 4. Any uses permitted by spedal use permit, Section 30-6. 16-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high. 16-3 Area Regulations: 1. Minimum Size of Yards: (A) From Yard: Twenty-five (25) feet. (B) Side Yard: Ten (10) feet. Abuilding separation often (10) feet shall be observed between structures containing no more than three dwelling units and ~Reen (15) feet between structures having four or more units, not to exceed a maximum of six (6) units per structure. A side yard adjacent to a street shall not be less than fifteen (15) feet. Side yard for non-residential structures shall not be less than twenty- five (25) feet. Any required off-street parking within the side yard area on a comer lot shall observe a twenty (20) foot side building line. (C) Rear Yard: Twenty (20) feet. 31 SECTION 16 - "TH-I" 2. Minimum Size of Lot: (A) Lot Area: Three thousand (:3,000) square feet, and a maximum of eight (8) units per net acre. (B) Lot Width: Thirty (30) feet. (C) Lot Depth: One hundred (100) feet. 3. Minimum Dwelling Size: One thousand (1,000) square feet, exclusive of garages, breezeways, and porches. The total average for the entire Townhouse project shall be one thousand three hundred (1,:300) square feet. 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. 5. Home Occupations. 16-4 Parking Regulations: Two (2) enclosed off street spaces per unit located behind the .-. front yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. No parking shall be allowed within the front yard. In addition to the required off-street parking, another 1/2 space behind the curb line per unit is required for guest parldng. 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 all structures shall be of masonry construction (see Section 42-80) exclusive of doors and windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors, windows, and the area above the top plate line. 16-6 Outside storage areas shall be enclosed and screened from public view. 16-7 Two Family dwellings constructed in the TH-1 district shall conform to the 2F-9 district standards. 16-8 When a townhouse is constructed so as to create balconies or patios facing a public (dedicated) street such balconies or patios shall be recessed and the exterior shall :32 SECTION 16- "TH-I" 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. 16-9 Mechanical Equipment: Mechanical equipment shall be consLructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. 33 SECTION 17 "TH - 2" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The TH-2 District is intended to provide for medium density dwellings platted on individual lots. This district functions as a buffer or transition between major streets or non-residential areas or higher density zones and lower density residential areas. 17-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "2F-9" and "TH-1 ." 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. Common open space, community center, recreational buildings and facilities provided they are incidental to the above described residential uses and are approved on a final plat. Any homeowners association roles and by-laws shall be approved by the Planning and Zoning Commission and City Council. ---- 4. Such uses as may be permitted under provisions of Spedal Use Permits, Section 30-6. 5. Home Occupations. 17-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (2-1/2) stories high. 17-3 Area Regulations: 1. lVfmimum Size of Yards: (A) Front Yard: Fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodating the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access ~om a street. (B) Side Yard: No side yard is required. A building separation often (10) feet shall be observed between structures containing no more than three dwelling units and fifteen (15) feet between structures having four or more units, not to exceed a maximum of six (6) units per 34 SECTION 17 - "TH-2" structure. A side yard adjacent to a street shall not be less than fifteen (15) feet. Side yard for non-residential structures shall not be less than twenty-five (25) feet. Any required off-street parking within the side yard area on a comer lot shall observe a twenty (20) foot side building line. (C) Rear Yard: There shall be a fifteen (15) foot minimum rear yard as measured from the property line on a platted lot, or twenty (20) feet separation between other townhouse structures located on the same lot. 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 fi'om a dedicated alley. Non-residential structures shall not be closer than twenty-five (25) feet to an adjacent street. 2. Minimum Size of Lot: (A) Lot Area: Two thousand five hundred (2,500) square feet and 12 dwelling units per net acre, or equivalent of, per dwelling unit. (B) Lot Width: Twenty-five (25) feet. (C) Lot Depth: One hundred (100) feet. 3. Minimum Dwelling Size: The average floor area of the dwelling units shall not be less than one thousand (1000) square feet with each unit not less than nine hundred (900) square feet, exclusive of garages, breezeways, and porches. 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 Parking Regulations: Two (2) enclosed off street spaces per unit located behind the from yard line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed offof the alley only. 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. 35 SECTION 17 - "TH-2" 17-5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior walls of all structures shall be of masonry construction (see Section 42-80) exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors window and the area above the top plate line. 17-6 Outside storage areas shall be enclosed and screened from public view. 17-7 Two family dwellings constructed in the TH-2 district shall conform to the 2F-9 district standards. 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 requked around the balcony or patio. 17-9 Mechanical equipment: Mechanical equipment shall be constructed, located and screened so as not in interfere with the peace, comfort and repose of the occupant(s) of any adjacem building or residence. SECTION 18 36 "MF - 1" MULTI - FAMI1,Y RESIDENTIAL DISTRICT REGULATIONS General Purpose and Description: The MF-1 Multiple Family Dwelling District is a residential attached district intended to provide for the second highest residential density allowing a maximum development of sixteen (16) dwelling units per acre. The principal use of land in this district is for a wide variety of dwelling types, including duplexes, low-rise multiple-family dwellings, garden apartment, condominiums, and townhomes. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide convenient and attractive residential areas. This type of District is usually located adjacent to a major street and serves as a buffer or transition between retail/commercial development or heavy automobile traffic and medium or low density residential development. 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 "2-F9", "TH-1 ", and "TH-2". 2. Multi-Family Dwelling (Apartment Building). 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. Fratemal 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 involving the conduct of a retail business. 9. Such uses as may be permitted under a Special Use Permit, Section 30-6. 10. Home Occupations. 18-2 Height Regulations: Thirty-five (35) feet nor more than two (2) stories high. 18-3 Area Regulations: 37 SECTION 18 - "lvlF-r' 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. (B) Side Yard: Ten (10) feet. There shall be ten (10) feet separation between buildings without openings (windows) and fifteen (15) feet between buildings with openings. A side yard adjacent to a side street shall not be less than fifteen (15) feet. No side yard for allowable non- residential uses shall be less than fifteen (15) feet. If a side yard is adjacent to a single family zoning district then paragraph "D" shall apply. (C) Rear Yard: Twenty (20) feet. (D) There shall be a total of sixty (60) feet setback from the adjacent property line for buildings in excess of one (1) story in height when an MF district is next to a single family zoning district or single family use. 2. Minimum Size of Lot: (A) Lot Area: Two thousand seven hundred twenty (2,720) square feet per dwelling unit and 16 dwelling units per acre (calculated on gross acreage). (B) Lot Width: 70 feet minimum as measured along the from 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 living area for Multi-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 - 1,000 square feet. Maximum number at three (3) bedroom units shall be fifteen (15%) per cent of the total units. 38 SECTION 18 - "MF-I" 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 Parking Regulations: Two (2) spaces for every one (1) and two (2) bedroom units and two and one-half (2-1/2) for every three (3) bedroom unit. Required parking may not occur within the from yard. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Covered parking spaces for at least Fifty per cent (50%) of the total dwelling units shall be provided. 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. 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 Section 42-80) construction exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least eighty (80) percent masonry exclusive of doors, windows and the area above the top plate line. 18-6 2F-9, TH-1, and TH-2 structures must conform to the district regulations as outlined in Sections 15, 16 and 17, respectively. 18-7 Patios and Balconies: When an apartment building is erected so as to ereate 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. 18-8 Mechanical Equipment: Mechanical equipment shall be constructed, located and screened so as to not interfere with the peace, 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 39 SECTION 18- "MF-I" 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. 4O SECTION 19 "MF-2" MULTI-FAMH,Y RESIDENTIAL 2 DISTRICT REGULATIONS General Purpose and Description: The MF-2, Multiple Family Dwelling District is a residential attached district intended to provide for the highest residential density allowing a maximum development of twenty-two (22) dwelling units per acre. The principal use of land in this district is for a wide variety of dwelling types, including duplexes, low-rise multiple-family dwellings, garden apartment, condominiums, and townhomes. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide convenient and attractive residential areas. This type of District is usually located adjacent to a major street and serves as a buffer or transition between retail/commercial development or heavy automobile traffic and medium or low density residential development. 19-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any use permitted in District "2F-9", "TH-1 ", "TH-2", and "MF-1 ". 2. Any use permitted by Special Use permit, Section 30-6. 3. Home Occupations. 19-2 Height Regulations: Forty-five (45) feet nor more than three (3) stories high. 19-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Twenty-five (25) feet. (B) Side Yard: Ten (10) feet. There shall be ten (10) feet separation between buildings without openings (windows) and fifteen (15) feet between buildings with openings. A side yard adjacent to a side street tiPteen: (15) feet. For allowable non-residential uses: fifteen (15) feet. If the side yard is adjacent to a single family district or use then paragraph "D" below shall apply. (C) Rear Yard: Twenty (20) feet. (D) Them 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 41 SECTION 19 - "MF-2" (3) story structures are permitted within 100 feet of a single family residential zoning district line or Single-Family use. 2. 1V~nimum Size of Lot: (A) Lot Area: 1,980 square feet per dwelling unit and 22 dwelling units per acre (calculated on gross acreage). (B) Lot Width: The width of the lot shall not be less than ~~7 (50) feet at the from 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 Apartment 600 - (C) Two (2) Bedroom Apartment 700 - (D) Three (3) Bedroom Apartments 900 10% 4. Lot Coverage: In no case shall more than ~f~ (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 2½ spaces per 3 bedroom unit. No required parking is allowed within the from yard. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Covered parking spaces for at least fifty per cent (50%) of the total required parking spaces (not including required guest parking) shall be provided. 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. 19-5 Type of Exterior Construction: At least eighty (80%) per cent of the exterior of all structures shall be of masonry type (see Section 42-80) construction exclusive of doors and windows. Each story above the first floor of a straight wall structure 42 SECTION 19- "MF-2" shall be at least eight (80%) percent masonry exclusive of doors, windows and the area above the top plate line. 19-6 2F-9, TH-1, and TH-2 structures must conform to the district regulations as outlined in Sections 15, 16 and 17 respectively. 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 balcony 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 Equipment: Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence. 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. 43 SECTION 20 "Mtt" MANUFACTURED HOME PARK DISTRICT REGULATIONS General Purpose and Description: The MH Manufactured Home district is intended to provide for quality manufactured home subdivision development containing many of the characteristics and atmosphere of a standard single family subdivision. 20-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. A manufactured home park. 2. Such uses as are normally accessory to a manufactured home park, including office and/or maintenance buildings for management and maintenance of the mobile home park only, recreation buildings and swimming pools, private clubs, laundry facilities and storage facilities for use of the residents of the manufactured home park, and open recreation areas. 3. Any uses permitted in the "2F-9, TH-1, TH-2, MF-1 and MF-2 district. 4. Such uses as may be permitted under the provisions of Special Use Permits, --- Section 30-6. 5. Home Occupations. 20-2 Height Regulations: Fifteen (15) feet maximum 20-3 Area Regulations: 1. Minimum Size of Yards: (A) From Yard: Thirty (30) feet from a street fifteen (15) feet from any drive (B) Side Yard: Five (5) feet Twenty (20) feet between mobile homes Twenty (20) feet from district line (C) Rear Yard: Ten (10) Twenty (20) from district line 44 SECTION 20 - "MH" 2. Minimum Size of Lot: (A) Lot Area: Forty-five hundred (4500) square fee~ per unit (B) Lot Width: Forty (40) feet (C) Lot Depth: Ninety-five (95) feet 3. Minimum Dwelling Size: Four hundred eighty (480) square feet 4. Lot Coverage: N/A 20-4 Parking Requirements: 2 spaces per unit located on the lot plus additional spaces for accessory uses as required in Section 31. 20-5 Maximum area for a manufactured home park is thirty-five (35) acres and the minimum area required is twenty (20) acres. 20-6 Two Family (duplex), Townhouse, and Multiple Fanffiy construction in this district shall conform to the 2F-9, TH-1, MF-1 district standards respectively. 20-7 Manufactured Housing units shall have tie-downs to restrict movements of the units and skirting fastened between the unit and ground elevation. 45 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 the premises, including but not limited to doctors, dentists, attomeys, 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: Sdenti~c, 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. Hospkal 46 SECTION 21 - "OFFICE" 15. Fraternal club or lodge. 16. Postal facilities. 17. Crop production. 18. Municipal buildings. 19. Telephone exchange. 20. Golf course or country club. 21. Such uses as may be permitted under the provisions of Section 30-7, Special Use Permits. 22. Temporary buildings for use incidental to construction work on the premises, which said building shall be removed 21-2 Height Regulations: One hundred fffieen (115) feet nor more than ten (10) stories, but limited to thirty-five (35) feet on any portion of the site within one hundred fifty A (150) feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF- 0, 2F-9, TH-1 or TH-2. 21-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Minimum required setback, thirty (30) feet with no front yard parking. If front yard parking is utilized, then sixty (60) feet front yard shall be observed. (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. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet. 47 SECTION 21 - "OFFICE" (B) Lot Width: Fifty (50) feet. (C) Lot Depth: None. 3. Lot Coverage: In no case shall more than ~fbj (50%) percem 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 31. In addition, no parking area shall be allowed within ten (10) feet of the front property line or within five (5) feet of the rear property line. Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 34. 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. All 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 special use permit only. 21-6 Landscape requirements: Landscaped areas shall be provided according to Section 34. 48 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: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" Office District. 2. Consumer Kepair Services. 3. Personal services. 4. Pet services. 5. Day nursery or day care centers. 6. Dry cleaning and laundry. 7. Other general retail sales of similar nature and character provided that the business establishment is subject to the following conditions: (A) That it be conducted wholly within an enclosed building. (B) That required yards not be used for display, sale or storage or merchandise, or for the storage of vehicles, equipment, containers or waste material. (C) That all merchandise be first-hand and be sold at retail on the premises. (D) That such use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. 8. Film developing and printing. 9. Fix-it shops for such items as bicycles and lawn mowers but without outside storage. 10. Furniture stores. ---- 11. Hardware store. 49 SECTION 22 - "RETAIL" 12. Printing shop or company (retail only). 13. Meat market (retail only). 14. Moving picture theater (indoor). 15. Seed store. 16. Veterinarian or animal hospital (no outside kennels). 17. Auto parts sales (new). 18. Community centers (public or private). 19. Museum. 20. College or university. 21. Uses permitted by Special Use Permit according to Section 30-8. 22-2 Maximum Height Regulations: Thirty-five (35) feet nor more than two and one-half (2'/2) stories high. 22-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet, with no front yard parking. If~-ont yard parking is utilized, then sixty (60) feet front yard shall be observed. (B) Side Yard: Adjacent to a street or property line: thirty (30) feet. (C) Rear Yard: Ten (10) feet unless adjacent to a residential zoning district in which case twenty (20) feet minimum be observed. 2. Mira'mum Size of Lot: (A) Lot Area: None. (B) Lot Width: None. (C) Lot Depth: None. 5O SECTION 22 - "RETAIl," 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 leasable floor area or in accordance with Section 30. In addition, no parking area shall be allowed within ten (10) feet of the from 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 A City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. 22-6 Landscape requirements: Landscaped areas shall be provided according to Section 34. 51 SECTION 23 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS GENERAL PURPOSE AND DESCRIPTION The "HC" Highway Commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the Community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parldng and landscape treatment, which are intended to be elements influencing the character of entrance into the City. It is the intention of the "Highway Commercial" zoning district to create an attractive and unique entrance into the City. 23-1 USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" Office district. (See Section 23-2 for ,--, exceptions). 2. Any use permitted in the "R" Retail district. 3. Temporary amusement activity (approved by City Council resolution). 4. Exhibition hall. 5. Equipment sales. 6. Hotel or motel. 7. Newspaper printing. 8. Radio, television or microwave receiving dish (subject to screening regulations; see Section 33-1). 9. Restaurant, care, and cafeteria, including drive-ins. 10. University, college, or parochial school and related facilities. 11. Manufacturing and industrial plants including the processing or assembly of A parts for production of finished equipment, where the process of 52 SECTION 23 - "HIGHWAY COMMERCIAL" manufacturing or treatment of materials is such that only a minimum amount of dust, odor, gas, smoke, or noise is emitted and that none of the lot or tract is used for the open storage of products, materials, or equipment. 12. Any use permitted by Special Use Permit, as listed in Section 30-7, 30-8 or 30-9. (See Section 23-2 for exceptions). 23-2 Non-permitted uses: For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the "HC" district even with a Special Use Permit. Airport. 1. Crop production. 2. Kennels. 3. Any use requiting outside storage. 4. Pawn shops. 5. Seed store. 6. Used automobile sales or display, repair garages, tire and sear cover shops, or auto laundries unless incidental to a service station. 7. SeW-storage or mini-warehouses. 23-3 AREA AND HEIGHT REGULATIONS: 1. Minimum Size of Yards: (A) From Yard: Sixty (60) feet (B) Side Yard: Thirty (30) feet. (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: 10,000 square foot. (B) Lot Width: No minimum. 53 SECTION 23 - "HIGHWAY COMMERCIAL" (C) Lot Depth: No minimum. Lot Coverage: In no case shall more than fifty percent (50%) of the lot be covered by buildings. Height Restrictions: Maximum height of twenty (20) stories, but limited to seventy (70) feet on any portion of the site within three hundred (300) feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9,TH-1 or TH-2. In addition, no structure may exceed the maximum height limitations as established by the Dallas/Fort Worth Intemational Airport Board. Parking Requirements: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 31. No more than fifty percent (50%) of the required parking shall be utilized in the front yard. No parking or loading shall be permitted within 20 feet of the front property line. Type of Exterior Construction: All structures shall be eighty percent (80%) masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted by Special Use Permit only. Landscaping Requirement: Landscape requirements shall be provided according to Section 33. Additionally, those areas which are specified within the Coppell Streetscape Plan shall be adhered to. SITE PLAN REVIEW The purpose of the site plan review is to ensure, prior to issuance of building permits, that all dty requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. No building permit shall be issued on any tract of land unless a site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. A public heating shall not be required. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council. Any major revision to an approved site plan must be approved by the City Council, however, minor revisions may be penratted upon approval by the Director of Planning or designee. The Director of Planning shall make the determination as to whether or not a revision is a minor or major revision. 54 SECTION 23 - "HIGHWAY COMMERCIAL" A site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, access routes, adjacent zoning and structures, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off- street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the site plan for consideration of approval. All site plans shall be filed with the Planning Department and reviewed by the Development Review Committee before going to the Planning and Zoning Commission and City Council. An approved site plan shall be the final plan for development, and construction shall conform to the approved plan. A final site plan may be submitted for the total area zoned or any portion thereof. 55 SECTION 24 "C" COMMERCIAL DISTRICT REGULATIONS General Purpose and Description: The "C" Commercial district is intended predominately for commercial activities of service nature which typically have operating characteristics (limited outside or open storage) or traffic service requirements generally incompatible with office, retail shopping and residential environments. 24-1 Use Regulations: 1. Any use permitted in the "0" Office and "R" Retail District. 2. Building material sales. 3. Carpentry, painting plumbing or tinsmithing shops. 4. Automobile and truck rental. 5. Equipment sales. 6. Funeral services. 7. Limited warehousing and distribution. 8. Boarding or rooming house. 9. Radio, television or micro-wave tower or micro-wave receiving dish. 10. Motorcycle sales and service. 11. Auto parking lot or garage (commercial). 12. Tire dealership. 13. Bus terminal. 14. Heating and air conditioner shop. 15. Newspaper printing. 16. Trailer rental. 17. Special use permits according to Section 30-7, 30-8, 30-9 and 30-10. 56 SECTION 24 - "COMMERCIAL" 24-2 Height Regulations: Thirty-five (35) feet nor more than two and one-half (2½) stories high. 24-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet, with no front yard parking. If front yard parking is utilized, then the sixty (60) feet front yard setback shall be observed. (B) Side Yard: (adjacent to a street or property line): Thirty (30) feet. (C) Rear Yard: Twenty (20) feet. 2. Nfmimum Size of Lot: (A) Lot Area: None. (B) Lot Width: None. (C) Lot Depth: None. 3. Lot coverage: In no case shall more than forty (40%) percent of the lot area be covered by buildings. 4. Floor area ratio: Maximum F.A.R. 1.0 to 1. 24-4 Parking Requirements: Off street parking requirements shall be provided in accordance with Section 31. In addition, no parking area shall be allowed within 10 feet of the front property line or within five (5) feet of the rear property line. Along existing or future divided arterials which have been identified as primary image zones in the Streetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fit~een (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppell Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established --- in Section 34. 57 SECTION 24 - "COMMERCIAL" 24-5 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. 24-6 Landscape requirement: Landscaped areas shall be provided according to Section 34. 24-7 Areas used for open storage shall not exceed 20% of the lot area and shall be confined to the rear two-thirds (2/3) of the lot. Areas used for open storage shall be screened according to Section 33-15. 58 SECTION 25 "TC" TOWN CENTER DISTRICT General purpose and description: The "TC" Town Center District is intended to provide for a wide variety of office, retail and residential uses for the purpose of creating a focal point to the City of Coppell. 25-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Any uses permitted in the "R" and "O" Districts. 2. Any use permitted in the "C" District except: (A) Used automobile sales or display, repair garages, tire and seat cover shops, and auto laundries unless incidental to a service station. (B) Building material sales having outside storage or display of materials. (C) Plumbing and air conditioning shops. (D) Farm implement sales with outdoor display. (E) Radio broadcasting towers. (F) Veterinarian clinic with outside kennels. (G) Carpentry, painting or tinsmithing shops. (H) Public utility substations by special use permit. (I) Any uses requiring outside storage. (J) Truck sales or rental. 042) Pawn shop. (L) Warehousing activities. 3. Hospital or nursing home. 4. Community center (public or private). 59 SECTION 25 - "TOWN CENTER" 5. College or university. 6. Museum. 7. 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 Special Use Permit, Section 30-11. 9. Public Buildings. 25-2 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 (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 goveming each residential use. 25-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: (1) Non-residential: None required. (2) Residential: Refer to the individual sections governing each residential use. (B) Side Yard: (1) Non-residential: None required except that a side yard of ten (10) feet shall be provided when the side yard is adjacent to a residential use. 6O SECTION 25 - "TOWN CENTER" (2) Residential: Refer to the individual sections governing each residential use. (C) Rear Yard: (1) Non-residential: None required unless adjacent to a residential use in which case a rear yard often (10) fed is required. (2) Residential: Refer to the individual sections governing residential use. 2. Minimum Size of Lot: (A) Lot Area: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. (B) Lot Width: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. (C) Lot Depth: (1) Non-residential: None required. (2) Residential: Refer to the individual section governing each residential use. 3. Minimum Dwelling Size: Refer to the individual section governing each residential use. 4. Lot Coverage: (A) Non-residential: No minimum coverage is required. 61 SECTION 25 - "TOWN CENTER" (B) Residential: Refer to the individual section governing each residential use. 25-4 Parking and Loading Regulations: Off-street parking spaces shall be provided in accordance with the requirements for the uses set forth in Section 31 or in accordance with the standards of the district for the respective use. In addition, no parking area shall be allowed within 10 feet of the t~ont property line or within five (5) feet of the rear propen'y line. Along existing or future divided arterials which have been identified as primary image zones in the SWeetscape Plan, no parking will be allowed within fifteen (15) feet of the property line except under conditions specified in Section 34. At all intersections, the no parking areas shall include a nine (9) feet by nine (9) feet triangle whose sides coincide with the ten (10) or fifteen (15) feet no parking lines adjacent to the right-of-way lines. (See figure 13 of the Coppelt Streetscape Plan) These no parking areas shall be landscaped in accordance with standards established in Section 34. 25-5 Screening Regulations: In the event that a non-residential district sides or backs upon a residential use, a screening structure or fence of not less than six (6) or more than eight (8) feet in height shall be erected on the property line separating these uses with a visual barrier as herein provided. The owner of such non-residential property shall be responsible for and shall build the required wall or fence on his properly dividing his use ~om 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. 25-6 Special Conditions: 1. Non-residential: An approved site plan may be required by either the Planning and Zoning Commission or City Council prior to issuance of building permit. 2. Residential: All residential uses shall be located in the designated area shown on the location plan for the purpose of insuring proper transition and compatibility between the proposed residential uses and non-residential uses. 3. Any special conditions required by the Planning and Zoning Commission or City Council shall be incorporated or made a part of the amending ordinance granting Town Center Zoning. 4. An architectural Review Board shall be established by the property owner consisting of five members for the purpose of reviewing development SECTION 25 - "TOWN CENTER" proposals for the Town Center District. One elected City official shall be a member of this committee. 5. A Merchants Association shall be established for all business uses located in the Town Center District. When the property is utilized as a residential use, a homeowners association shall be established. 6. Screening of mechanical equipment, patio and balconies and refuse facilities in townhouse or multi-family type construction shall conform to the respective districts. 25-7 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. 25-8 Type of Exterior Construction: Exterior wall construction in districts permitting non-residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy or as approved by City Council. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. 25-9 Landscape Requirements (Non-Residential Areas): See Section 34. 63 SECTION 26 "LI" LIGHT INDUSTRIAL DISTRICT General Purpose and Description: The LI Light Industrial District is intended to provide for commercial and light manufacturing uses. 26-1 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 properly the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property. 1. Any use permitted in any of the "O" Office, "R" Retail, and "C" Commercial Districts. 2. Apparel and other products assembled from finished textiles. 3. Bottling works. 4. Carting, express, hauling or storage yard. 5. Contractor's yard. 6. Cosmetic manufacturer. 7. Drags and pharmaceutical products manufacturing. 8. Electronic products manufacturing. 9. Fur goods manufacture, but not including tanning or dyeing. 10. Glass products from previously manufactured glass. 11. Household appliance products assembly and manufacture from prefabricated parts. 12. Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal mount 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. 64 SECTION 26 - "LIGHT INDUSTRIAL" 13. Musical instruments assembly and manufacture. 14. Plastic products manufacture, but not including the processing of raw materials. 15. Sporting and athletic equipment manufacture. 16. Testing and research laboratories. 17. Housing prefabdcation. 18. General warehousing activities (including convenience storage or "mini warehouse"). 19. Veterinarian clinic (outside kennels). 20. Any uses permitted by Special Use Permit, Section 30-12. 26-2 Height Regulations: Office or industrial use - None except limited to thirty-five (35) feet on any portion of the site within one hundred ~Ry (150) feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-1, TH-1, MF-1 or MF-2. 26-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Thirty (30) feet with no front yard parking. If front yard parking is uf~ized then sixty (60) feet front yard setback shall be observed. (B) Side Yard: Ten (10) feet unless adjacent to property in residential district; then a minimum of ~Ry (50) feet shall be observed. (C) Rear Yards: Ten (10) feet unless adjacent to property in a residential district; then a minimum of fifty (50) feet shall be observed. (D) For structures requiting railroad access, setback requirements from the center line of the Railroad Right-of-way shall be in accordance with applicable state laws. 65 SECTION 26 - "LIGHT INDUSTRIAL" 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet (B) Lot Width: Fifty (50) feet (C) Lot Depth: None. 3. Lot Coverage: In no case shall more than fitbj (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 Appendix Illustration No. 15) ._ 26-4 Parking Regulations: Required off-street parking shall be provided in accordance with the special uses set forth in Section 31. In addition, no parking or loading shall be allowed within thirty (30) feet of the front property line or within five (5) feet of the rear 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. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted. 26-6 Landscape Requirements: Landscape areas shall be provided according to Section 34. 26-7 Areas used for open storage shall be screened according to Section 33-1, 5. Open storage areas shall be confined to the rear 2/3 (two thirds) of the lot. 66 SECTION 27 "HI" FIEAVY INDUSTRIAL DISTRICT General Purpose and Description: The "HI", Heavy Industrial district is intended to provide for basic and heavier manufacturing uses than may be inappropriate in the LI District. 27-1 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. Any uses permitted by Special use permit, Section 30-12. 27-2 Height Regulations: Office or industrial use-none except limited to thirty-five (35) feet on any portion of the site within one hundred ~t~ (150) feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-1, TH-1, MF-1 or MF-2. __ 27-3 Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Sixty (60) feet along major thoroughfares. Thirty (30) feet on all other streets. No parking or loading shall be permitted within thirty (30) feet of the right-of-way. (B) Side Yard: Ten (10) feet unless adjacent to property in a residential district; then a minimum of fifty (50) feet shall be observed. (C) Rear Yards: Five (5) feet unless adjacent to property in a residential district; then a minimum offtRy (50) feet shall be observed. (D) For structures requiting railroad access, setback requirements from the center line of the Railroad Right-of way shall be in accordance with applicable State laws. 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet (B) Lot Width: Fit~y (50) feet 67 SECTION 27 - "HEAVY INDUSTRIAL" (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: MaximumF.A.R. 2.0to 1 (See Illustration No. 15) 27-4 Parking Regulations: Required off.street parking shall be provided in accordance with the special uses set forth in Section 31. In addition, no parking or loading shall be allowed within (30) thirty feet of the front property line. 27-5 Type of Construction: Exterior wall construction in districts permitting non- residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be eighty (80%) percent masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted. Concrete block type exterior is permitted by special use permit only. 27-6 Landscape Requirements: Landscape areas shall be provided according to Section 34. 27-7 Areas used for open storage shall be screened according to section 33-1, 5, and shall be confined to the rear two-thirds (2/3) of the lot. 68 "" SECTION 28 "PD" PLANNED DEVELOPMENT DISTRICT General Purpose and Description: The Planned Development District "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of special provisions of this Ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmrid 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 restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. 28-1 Any non-residential use shall be permitted if such use is specified in the Ordinance granting a Planned Development District. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this Ordinance. In a single family detached residential Planned Development, a minimum of 65% of the property shall meet or exceed SF-7 development standards. The 35% of the property that may deviate from SF-7 development standards shall be identified on the plat along with details of the deviations. These standards shall include minimum setbacks, coverage, height, density, f.a.r., and any other development guidelines deemed appropriate by the Planning and Zoning Commission and City Council. The remaining 35% of the properly shall abide by the following minimum development guidelines: front yard setback - 20' rear yard setback 20' side yard setback 5' maximum coverage 55 % maximum height - 35' The Board of Adjustment shall have no authority to grant variances in a PD zoning district. Pre-Application Conference Prior to the filing of a Planned Development Application, the applicant may consult with the Development Review Committee to discuss concerns relating to the ultimate land use of the proposed development, the suitability of the location of the proposed development, the arrangement of streets, alley and lots, and the layout of utility fines. Conditional approval as to 69 SECTION 28 - "PLANNED DEVELOPMENT" the general land use of the proposed planned development must be obtained ~om the Planning Director or designee prior to the submittal of a Planned Development Application. Development Requirements: 1. Development requirements for each separate PD District shall be set forth in the Ordinance granting the PD District and may include, but not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping accessory buildings, signs, lighting, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. 2. The Ordinance granting a PD District may include a statement as to the purpose and intent of the PD granted therein. 3. The Planned Development district shall conform to all other sections of this ordinance unless specifically excluded in the granting ordinance. 4. All applications shall state all requested deviations from the standard requirements set forth throughout this ordinance and must be indicated in written form and on the face of the zoning exhibit. 28-2 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 heating process, the Planning and Zoning Commission and City Council shall require a Conceptual Plan and a 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 lot 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 development data. 7O SECTION 28 - "PLANNED DEVELOPMENT" (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 features of the site, existing sweets, alleys and easements, location of future public facilities, building height and location, parking ratios and other information to adequately describe the proposed development and to provide data for approval which is to be used in dra_Qing the final Detail Site Plan Once the Concept Plan has been approved by the Planning and Zoning Commission and the City Council, a Detail Site Plan must be approved by the Planning and Zoning Commission and the City Council prior to the issuance of a building permit. (C) Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site or does not significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the Planning Direetor or designee. 2. Detail Site Plan - This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the Detail Site Plan shall be the basis for issuance of a building permit. The Detail Site Plan may be submitted for the total area of the PD or for any section or part as approved on the Conceptual Plan. A public hearing for the Detail Site Plan shall be required only if specifically stated at the time of Conceptual Plan approval in the original mending ordinance or if the developer elects not to submit a Concept Plan. 71 SECTION 28 - "PLANNED DEVELOPMENT" The Detail Site plan shall include: (A) A site inventory analysis including a scale drawing showing existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas. (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, [meet widening and street changes; the points of ingress and egress from existing streets]; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five (5) feet. (C) A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and ..... between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (D) A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. The landscaping plan shall conform to the minimum standards established in Section 34 and in the approved Coppell Streetscape Plan. (E) An architectural plan showing elevations and signage style to be used throughout the development in all districts except residential. Any or all of the required information may be incorporated on a single drawing if one drawing is dear and can be evaluated by the Director of Planning. 3. All Detail Site Plans shall have supplemental data describing standards, schedules or other data pertinent to the development of the Planned Development District which is to be included in the text of the amending Ordinance. Procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 44. This procedure 72 SECTION 28 - "PLANNED DEVELOP1V[ENT" is further expanded as follows for approval of Conceptual and Detail Site Plans. (A) Public hearings shall be held by the Planning and Zoning Commission and City Council for the approval of the Conceptual Plan. (B) The Ordinance establishing the Planned Development District shall not be approved until the Conceptual or Detail Site Plan is approved. (1) The Detail Site Plan may be approved in sections. When the Plan is approved in sections, the separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. (2) A Detail Site Plan shall be submitted for approval within six (6) months from the approval of the Conceptual Plan. If the Detail Site Plan is not submitted within six (6) months, the Concept Plan is subject to re-approval by the Planning and Zoning Commission and City Council. Failure to submit the detail site plan within a six (6) month period shall be cause for the Planning and Zoning Commission to call a public heating to determine proper zoning for the property. DETAIL SITE PLAN REVIEW The purpose of the site plan review is to ensure, prior to issuance of building permits, that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. No building permit shall be issued on any tract of land unless a detail site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council. Any major revision to an approved detail site plan must be approved by the City Council, however, minor revisions may be permitted upon approval by the Director of Planning or designee. The Director of Planning shall make the determination as to whether a revision is a minor or major revision. 73 SECTION 28 - "PLANNED DEVELOPMENT" A site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off-street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the detail site plan. All detail site plans shall be filed with the Planning Department and reviewed by the Development Review Committee before going to the Planning and Zoning Commission and City Council. An approved site plan shall be the final plan for development, and construction shall conform to approved plan. A detail site plan may be submitted for the total area zoned or any portion thereof. Retail Shopping Centers In the case of retail shopping centers, if an approved zoning concept plan has been approved by the Planning and Zoning Commission and the City Council, or if the retail shopping center is an existing structure prior to application of a Special Use Permit, a plan indicating the foot print of the shopping center may be submitted in lieu of major plans. 28-3 When a PD is being considered, a written report from the City Manager discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public school district, and from private utilities may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the Council. In the event written comments are not forthcoming in a reasonable mount of time, the Commission may at its discretion make a recommendation to the Council. 28-4 All Planned Development Districts approved in accordance with provisions of. this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning Districts Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the Planning Office. 28-5 Planned Development Ordinances Continued - Prior to adoption of this ordinance, the City Council had established various Planned Development Districts, each containing, as a part of its adoptive ordinance and/or plan, certain conditions, 74 SECTION 28 - "PLANNED DEVELOPMENT" restrictions, regulations and requirements applicable to the respective Planned Development District. The Planned Development Districts shown (as of the date of this ordinance) on the Zoning Map adopted as a part of this ordinance, shall be continued in full force and effect and the ordinances granting such Planned Development District dassitication shall not be repealed. Provided, however, any reference in such adoptive ordinance to any basic zoning district shall be a reference to that basic zoning district as such is provided for in this ordinance. 75 SECTION 29 "FP" - FLOOD PLAIN DISTRICT FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION General Purpose and Description - To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts are designated with a Flood Plain Prefix, FP. Areas designated on the Zoning District Map by an FP Prefix shall be subject to the following provisions: 29-1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Agicultural activities including the ordinary cultivation 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. All types of local utilities including those requiring Special 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 Development of Planned Residential Development. 7. Heliport when approved by Special Use Pennit as provided in Section 30. 29-2 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. 76 SECTION 29 - "FLOOD PLAIN" 29-3 Any dump, excavation, storage, filling, or mining operation within that portion of a district having a Flood Plain, FP, Prefix shall be approved in writing by the Public Works Director before such operation is begun. 29-4 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. 29-5 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. 77 SECTION 30 "SUP" - SPECIAL USE PERMITS 30-1 Special Uses: The City Council by an affirmative vote may, after public heating and proper notice to all parties affected, and after recommendations ~'om the Planning and Zoning Commission that the use is in general conforrnance with the Master Plan of the City and comaining such requirements and safe guards as are necessary to protect adjoining property, grant a Special Use Permit zoning classification as an additional use in addition to the use allowed under the basic zoning classification of the property. The application shall be accompanied by a site plan (see section 28) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permittexl; location and construction of signs; means of ingress and egress to public sweets, 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 conceming the location and ~nction and characteristics of any building or use proposed. 30-2 Special Use Permit Regulations: 1. In recommending that a Special Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space landscaping, heights of structures, and compatibility of buildings. 2. Every Special use Permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building premises, or land uses under the Special Use Permit is voluntarily vacated or if the ownership is voluntarily transferred, or if such buildings, premise, or land is more than fifty (50%) per cent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate Special Use Permit is granted for continuation of the use. 78 SECTION 30 - "SPECIAL USE PERMIT" (30-4) 3. In granting a Special Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Special Use Permit; and such conditions precedent to the granting of the certificate of occupancy. 4. At the time of application, a site plan and architectural rendering will be required unless waived by the Director of planning. 5. A building permit shall be applied for and secured within six (6) months from the time of granting the Special Use Permit provided; however, the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. 6. No building, premise, or land used under a Special Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Special Use Permit is granted for such enlargement, modification, structural alteration, or change. 30-3 Use regulations: A building or premise used for any of the following purposes shall be permitted by special use permit only. 30-4 "A" - Agricultural District 1. Sand or gravel extraction or storage and other mining actMties. 2. Country clubs or golf courses and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature goW. 3. University, college or Parochial school and related facilities. 4. Sewage treatment plant. (Private operated. ) 5. Broadcasting facilities including towers. 6. Camp grounds. 7. Carnival. (By resolution of City Council for specific time period.) 8. Construction office. (By authority of the building official for specific time periods.) 79 SECTION 30 - "SPECIAL USE PERMIT" (30-4,5) 9. Cemetery. 10. Charitable organizations other than churches. 11. Batching plant. (Temporary.) 12. Day nursery or camp. 13. Dirt storage or sales. 14. Electric substation, transmission line or other public utilities. 15. Florist, retail. 16. Garden or farm equipment sales. 17. Gun club or shooting range. 18. Heliport or helistop. 19. Hospital. 20. Ice Manufacturer. 21. Kennel inside or outside. 22. Parking lot. 23. Rodeo arena. 24. Stadium public or private. 25. Public zoo. 26. Airport public or private. 27. Amateur radio operation or other receiving device for vocal or visual communications. 30-5 "SF-ED" - Single Family Estate District: 8O Airport. (private) SECTION 30 - "SPECIAL USE PERMIT" (30-5,6) 2. Cemetery. 3. Charitable organizations. 4. Lodges and similar public organizations. 5. University, college or parochial school and related facilities. (Public or Private) 6. Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature go~ 7. Day Nursery or day care. 8. Public utilities such as electric substation and transmission line. ~ 9. Hospital and related uses. 10. Post Of[ice. 11. Riding Academy or other equestrian related facilities. 12. Sewage treatment plant. (Private) 13. Stadium. 14. Stucco type construction. 15. Temporary batching plant. 3 0-6 Single Family- 18 (SF- 18) Single Family-12 (SF-12) Single Family-9 (SF-9) SingleFamily-7 (SF-7) --- Single Family-0 (SF-0) 81 Two Family-9 (2F-9) Town House 1 (TH-1) SECTION 30 - "SPECIAL USE PERMIT" (30-6,7) TownHouse2 (TH-2) Multi-Family 1 (MF-1) Multi-Family 2 (MF-2) Manufactured Home (MH) 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. University, college or parochial school and related facilities. (Public or Private) 5. Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf 6. Day Nursery or day care. 7. Public utilities such as electric substation and transmission line. 8. Hospital and related uses. 9. Post Office. 10. Sewage treatment plant. (Private) 11. Stadium. 12. Stucco type construction. 30-7 "0" Office: 1. Airport. (Public or Private) 82 2. Broadcasting facilities, Radio, television or micro-wave tower. 3. Cemetery. SECTION 30 - "SPECIAL USE PERMIT" (30-7) 4. University, college or parochial school and related facilities. (Public or Private) 5. Electric substation, transmission line or other public use utilities. 6. Exhibition Hall 7. Camival. (By resolution of City council for specific time period) 8. Fair grounds. 9. Motel or Hotel. 10. Nursing home or home for the aged. 11. Instrument testing. 12. Janitor service. 13. Jeweler, Retail. 14. Laboratory. 15. Movie theater. 16. Night club. 17. Photography studio. 18. Rodeo Arena. 19. Service or Gas station. 20. Stadium. 21. Television studio. 83 22. Zoo (Public) 23. Inddental retail and service uses. 24. Mortuary or funeral parlor. SECTION 30 - "SPECIAL USE PERM1T" (30-7,8) 25 .Institution for care of alcoholic, narcotic or psychiatric patients. 26. Restaurant, or Private Club. 30-8 "R" - Retail 1. Airport. (Public or Private) 2. Automobile Repair Garage. 3. Broadcasting facilities, Radio, television or micro-wave tower. 4. Cemetery. 5. University, college or parochial school and related facilities. (Public or Private) 6. Candle manufacturing. 7. Candy manufacturing. 8. Carnival. (By resolution of city Council for specific time periods.) 9. Electric substation, transmission line or other public use utilities. 10. Fair grounds. 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Instrument manufacturing or testing. 84 ~-- 15. Motel or Hotel. 16. Pawn shops. 17. Nursing home or home for the aged. 18. Movie theater. SECTION 30 - "SPECIAL USE PERMIT" (30-8,9) 19. Night club. 20. Rodeo or other sports arena. 21. Telegraph office. 22. Zoo. (Public) 23. Indoor amusement. (Video games) ' 24. Gasoline service stations, provided that the activities permitted do not include major automobile repairs, storage or dismantling of motor vehicles for sale. 25. Bowling alley. 26. Restaurant, or Private Club. 27. Any permitted uses allowed within the "O" Office Special Use Permit Section. (See Section 30-8) 30-9 "HC" Highway Commercial 1. Airport. (Public or Private) 2. Automobile sales or rental. 3. Automobile Repair Garage. 4. Amusement activity (indoor or outdoor). __ 5. Bus terminal. 85 6. Electric substation, transmission line or other public use utilities. 7. Fair grounds. 8. Gasoline service station. 9. Grocery and convenience stores. 10. Indoor sports; recreation and entertainment. SECTION 30 - "SPECIAL USE PERMIT" (30-9,10) 11. Institution for care of alcoholic, narcotic, or psychiatric patients. 12. Laboratory. 13. Motorcycle sales and service. 14. Office warehouse. 15. Private Club. 16. Radio broadcasting towers. 17. Television studio. 18. Rodeo or other sports arena. 19. Trailer rental. 20. Zoo. (Public) 21. Any permitted uses allowed within the "O" Office and "R" Retail Special Use Permit Section (See Section 30-7 and 30-8). 30-10 "C" Commercial 1. Airport. (Public or Private) 2. Automobile Repair Garage. 3. Boat storage. 86 4. Butane storage and sales. 5. Candle manufacturing. 6. Candy manufacturing. 7. Cemetery. 8. Electronic manufacturing. 9. Grocery and convenience stores. 10. Electric substation, transmission line or other public use utilities. SECTION 30 - "SPECIAL USE PERMIT" (:t0-10) 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Instrument manufacturing or testing. 15. Motel or Hotel. 16. Pawn shops. 17. Nursing home or home for the aged. 18. Movie theater. 19. Night club. 20. Rodeo or other sports arena. 21. Telegraph office. 22. Zoo. (Public) 23. Indoor amusement. (Video games) 24. Gasoline service stations. 87 "' 25. Bowling alley. 26. Restaurant, or Private Club. Restaurant (drive-in type). 27. Kennels (Outside). 28. Motor freight terminal. 29. Moving and storage company. 30. Open storage. 31. Pawn shop. 32. Motion picture theater (Outdoor). SECTION 30 - "SPECIAL USE PERM1T" (30-10,11,12) 33. Auto laundries or car wash. 34. Automobile, truck or mobile home display or sales. 35. Indoor sports, recreation and entefl~xment. 36. Commercial amusement (indoor or outdoor). 37. Convenience warehouse CMini-warehouse"). 38. Any permitted uses allowed within the "O" Office, "R" Retail or C" Commercial Special Use Permit District See Section 30-7, 30-8, 30-10 and 30-11. 30-11 "TC" Town Center 1. Cemetery. 2. College, university, or parochial school and related facilities. 3. Electric substation, transmission line or other public use utility. 4. Gasoline service stations. 30-12 "LI" Light Industrial 88 1. Airport. (Public or Private) 2. Arsenal. 3. Cemetery. 4. Electric substation, transmission line and other public use utility. 5. Gravel, sand stone or petroleum extraction. 6. Gun club or shooting range. 7. Lumber mill. 8. Other mining activities. 9. Petroleum products storage. SECTION 210 - "SPECIAL USE PERMIT" (210-12,13) 10. Planning 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 theater (Outdoor). 16. Adult Uses (Adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios. 17. Gasoline service stations. 30-13 "I-1/" Heavy Industrial 1. Airport (public or private). 2. Acetylene gas manufacture or storage. 3. Acid manufacture. 89 4. Alcohol manufacture. 5. Ammonia, bleaching powder or chlorine manufacture. 6. Arsenal. 7. Asphalt manufacture or refining. 8. Blast furnace. 9. Bag cleaning, unless dearly accessory to the manufacture of bags. 10. Boiler works. 11. Brick tile pottery or terra cotta manufacture other than the manufacture of handcraft of concrete products. 12. Candle manufacture. 13. Celluloid manufacture or treatment. SECTION 30 - "SPECIAL USE PERMIT" (30-13) 14. Cement, lime, gypsum, or plaster of paris manufacture. 15. Central mixing plant for concrete 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 and glue manufacture. 22. Exterminator and insect poison manufacture. 23. Emery cloth and sand paper manufacture. 90 24. Explosives or fireworks manufacture or storage. 25. Fat rendering. 26. Fertilizer manufacture. 27. Fish smoking and curing. 28. Forge plant. 29. Gas manufacture or storage, for heating or illuminating. 30. Gasoline service station. 31. Glue, size or gelatin manufacture. 32. Hatchery. 33. Iron, steel, brass or copper foundry or fabrication plant. 34. Junk, iron or rag storage or baling. Metal or aluminum exterior siding on buildings. SECTION 30 - "SPECIAL USE PERMIT" (30-13) 35. Match manufacture or processing. 36. Oil cloth or linoleum manufacture. 37. Oiled rubber goods manufacture. 38. Paint, oil, shellac, turpentine or varnish manufacture. 39. Paper and pulp manufacture. 40. Petroleum or its products, refining or wholesale storage of same, and bulk tank storage. 41. Pickle manufacturing 42. Planing mills. 43. Potash works. 91 44. Pyroxline manufacture. 45. Rock crusher. 46. Rolling mill. 47. Rubber or gutta-percha manufacture or treatment but not the making of articles out of articles of rubber. 48. Sauerkraut manufacture. 49. Salt works. 50. Shoe polish manufacture. 51. Smelting of tin, copper, zinc, or iron ores and other metals. 52. Soap manufacture other than liquid soap. 53. Soda and compound manufacture. 54. Stock yard or slaughter ofanirnals offowls. 55. Stone mill or quarry. SECTION 30 - "SPECIAL USE PERMIT" (30-13,14) 56. Stove polish manufacture. 57. Tallow grease or lard manufacture or refining from or of animal fat. 58. Tanning, curing or storage of raw hides or skins. 59. Tar distillation or manufacture. 60. Tar roofing or water proofing manufacture. 61. Tobacco (chewing) manufacture or treatment. 62. Vinegar manufacture. 92 "" 63. Wrecking and junk yards, only on the condition that the premises upon which such activities are conducted are wholly within a building or inside a solid fence no less than eight (8) feet in height. 64. Yeast plant. 65. Salvage or reclamation of products. 66. Auto wrecking yard. 30-14 BUSINESS PROPERTY WITHIN RESIDENTIAL STRUCTURES 1. The term "business property with residential structure" as used herein shall mean any tract or property which is "zoned for a business use" on which there exists a residential structure which was in existence at the time the property was zoned for business use. 2. The term "zoned for business use" as that term is used in the definition of "business property with residential structure" shall mean any zoning classification of the Comprehensive Zoning Ordinance which permits a business or commercial use including the O, R, C, LI, HI or any business A classification within any PD district. 3. RESIDENTIAL STRUCTURES DEEMED CONFORMING Any residential structure located on property defined as "business property with residential structure" shall be considered a conforming structure as opposed to a nonconforming use. Such conforming status shall continue so long as the residential structure is used for residential purposes, and during such period of residential use, the property shall be governed SECTION 30 - "SPECIAL USE PERMIT" (30-14) by the regulations of the residential zoning classification, as amended, that existed at the time such property was zoned for its business use. 4. WHERE STRUCTURE IS USED ONLY AS A RESIDENCE Any residential structure located on property defined as "business property with residential structure" being used only as a residence will not be required to obtain a special use permit to continue such residential use but will not be permitted to start using the residemial structure for a business use without first obtaining a special use permit. 5. WHERE STRUCTURE IS USED ONLY FOR SPECIHC BUSINESS 93 Any residential structure located on property defined as "business property with residential structure" which on the effective date of this ordinance is being used for a specific business purpose and not a residential use must hereinat~er obtain a special use permit under this section for the specific use being conducted in such a structure. Upon proper proof of the existence of such a business use may not be changed or the structure converted to a combined residence with the specific use without a new special use permit. 6. WHERE STRUCTURE IS A COMBINED RESIDENTIAL AND BUSINESS USE Any residential structure located on the property defined as "business property with residential structure" which as of the effective date of this ordinance is used both as a residence and for a specific business use must obtain a special use permit for such combined residential and specific business use. Upon proper proof of the existence of such a combined business and residential use as of the effective date of this ordinance, the special use permit shall be granted, but once granted the specific business use may not be changed without first obtaining a new special use permit. 7. The residential structure located on property defined as "business property with residential structure" may in any case be taken down or removed and replaced with a conforming commercial structure without the necessity of __ obtaining a special use permit and thereat~er such property shall be govemed by the regulations of the business zoning classification of such property. 8. A use which would be a "home occupation" under the Comprehensive Zoning Ordinance shall not be considered a business use which will have to obtain a special use permit unless otherwise required to do so by the specific regulations. SECTION 30 - "SPECIAL USE PERMIT" (30-14, 15, 16) 9. The owner of any property who is required to obtain a special use permit pursuant to the provisions of this section and who files an application for such special use permit on or before January 16, 1987, will not be required to pay the usual zoning change filing fee. Any applicant applying for such a special use permit after January 16, 1987 shall pay the application fee. 30-15 CHURCHES IN ANY DISTRICT 1. CHURCHES 94 A church may not be excluded from any zoning district within the City, therefore the Special Use Permit required by this ordinance may not be denied. In the issuance of such Special Use Permit, there shall be imposed only those reasonable special conditions or regulations necessary to protect the health, safety and general welfare of the community. Off-street parking shall be regulated by Section 31-6(4) of this ordinance. A site plan may be required as a part of the application for this Special Use Permit and unless modified by approval of a site plan adopted as a part of the ordinance granting the Special Use Permit, set back and other such requirements shall be governed by the regulations of the basic zoning district, and the structural requirements shall be govemed by the existing ordinance of the City. All churches in existence at the time of the adoption of this amendment shall be considered as conforming uses under Special Use Permit in regard to all church facilities in place on the effective date of this amendment. Once a church has received a Special Use Permit it will not have to obtain another Special Use Permit to expand church facilities within the church property. Church use shall be permitted in any Commercial Zoning District without a Special Use Permit. 30-16 RESTAURANT: A restaurant, as that term is used in this section, shall mean any establishment or club that provides regular food service to the general public or to club members and their guests. A restaurant shall be permitted only by Special Use Permit in the "O" Office, "R" Retail, "HC" Highway Commercial, "C" Commercial, "TC" Town Center, "LI" Light Industrial or "HI" Heavy Industrial SECTION 30 - "SPECIAL USE PERMIT" (30-16) Districts, or by Special Use Permit within such districts which are a part of a Planned Development District. Provided, however, this provision notwithstanding, a Special Use Permit for a restaurant may be permitted on property zoned Single Family Residential with a Special Use Permit for a Golf Course and Clubhouse. 1. SPECIAL CONDITIONS 95 A Special Use Permit for a restaurant, if granted, shall be subject to the following special conditions and such other conditions as may be incorporated in the ordinance granting the Spedal Use Permit: A. A restaurant shall not be located within three hundred (300) feet of a church, public school, or hospital. This provision shall not apply to a restaurant located in a strip shopping center. The measurement of the distance between a church or hospital and a restaurant shall be along the properly lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between public schools and a restaurant shall be from the nearest property line of the public school to the nearest doorway where the public may enter the restaurant, along street lines and in direct line across intersections. This provision does not apply to a "restaurant" located within a church, public school, or public hospital; or to convenience stores, golf courses, hotels, motels or grocery stores, where the sale of food is for the convenience of the patrons of that establishment and is incidental to the primary source of revenue. B. A restaurant shall derive at least 60% of its revenue from regular food service to the general public or club members or their guests. The 60% requirement must be met on a quarterly calendar basis. This provision does not apply to a "restaurant" located within a church, public school, or public hospital; or to convenience stores, golf courses, hotels, motels or grocery stores, where the sale of food is for the convenience of the patrons of that establishment and is incidental to the primary source of revenue. C. The City of Coppell shall retain the right to audit the books and records of the restaurant at any time to verify that the 60% food SECTION 30 - "SPECIAL USE PERMIT" (30-16) provision is met. Failure to comply with the 60% requirement may result in the loss of the restaurant's Special Use Permit. 2. TIME LIMIT In the event an application for a building permit for a restaurant is not made within six (6) months from the granting of the Special Use Permit for the 96 restaurant, the City Council may direct the Planning and Zoning Commission to call a public hearing for the purpose of considering the cancellation of the Special Use Permit by changing the zoning back to its original classification without the Special Use Pennit. In the event the owner or operator of a property having a zoning classification of Special Use Permit for a Restaurant, ceases to operate the restaurant business use for a period in excess of 90 days, the Planning and Zoning Commission or the City Council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a Special Use Permit for a Restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. In the event ownership of a property having a zoning classification of Special Use Permit for a Restaurant, is transferred from the original grantee to a new owner or new operator, the Planning and Zoning Commission or the City Council may initiate a zoning change to consider the zoning classification of the property back to its original zoning classification or such other classification as may be appropriate for the properly. Each applicant for a Special Use Permit for a Restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. 3. SIGNS Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. 4. SUBMISSION REQUIREMENTS The following shall be required at the time of an application for Special Use Permit for a restaurant: SECTION 10-"SPECIAL USE PERMIT" (30-16,17) A. A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within three hundred (300) feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. B. Adequate copies of floor plans for the restaurant shall be submitted --- showing the dimensions of the following floor areas: 97 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5. All combined air-conditioned areas. 5. REMODELING AND ALTERATIONS Any proposed remodeling or changes to the approved floor plan shall be reviewed and approved by the Planning and Zoning Commission and the City Council prior to issuance of a building permit. Provided, however, such review and approval shall not require new public hearings. 6. APPLICANT Each application for a Special Use Permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The Planning and Zoning Commission and the City Council may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. 7. EXISTING USES Any restaurant in operation or which has been granted a Special Use Permit for a restaurant at the time of the adoption of this ordinance shall be considered as a conforming use. 30-17 SPECIAL USE ORDINANCES CONTINUED Prior to adoption of this ordinance, the City Council had established various Special Use Zoning Districts each containing, as a part of its adoptive ordinance and/or plan, certain conditions, restrictions, regulations and requirements applicable to the respective Special Use District. The Special Use Districts shown (as of the date of this ordinance) on the Zoning Map adopted as a pan of this ordinance, shall be continued in SECTION 30 - "SPECIAL USE PERMIT" 00-17) full force and effect and the ordinances granting such Special Use District Classification shall not be repealed. Provided, however, any reference in such adoptive ordinance to the basic zoning district shall be a reference to that basic zoning district as such is provided for in this ordinance. 98 99 SECTION 31 OFF - STREET PARKING REQUIREMENTS Purpose: To secure safety from fire, panic, and other dangers; to lessen 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 provisions. 31-1 Special Off-Street Parking Provisions--Residential Districts 1. All required off-street parking spaces shall be located behind all setback lines in any agriculture, single-family, duplex, or townhouse district. All required parking spaces shall be located behind the required from 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. Parking shall be allowed only on a paved concrete 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 ~xlly conceal the vehicle. 31-2 Special Off-Street Parking Provisions--Non-Residential Districts 1. In non-residential districts, surface parking may extend into the from yard except for required screening, landscaping, or as specifically stated in various sections of this ordinance. 2. Parking shall be allowed only on a paved concrete surface. 31-3 Off-Street Loading Space - All Districts 1. All retail, commercial, and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain off-street parking facilities for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof for a building larger than five thousand (5,000) square feet. A loading space shall consist --- of an area of a minimum of twelve (12) by thirty (30) feet. All drives and 100 SECTION 31 - "PARKING REQUIREMENTS" approaches shall provide adequate space and clearances 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 except when otherwise provided for when a Special Use Permit has been granted. Drives shall be designed to accommodate one (1) motor vehicle for each ten (10) students or children cared for by the establishment. 3. Uses not listed in Schedule 31-6 shall provide required off-street parking according to the most similar use listed in the Schedule, as detemined by the City Council. 4. Loading docks and areas shall not be located on the street side of any structure unless screened according to section 33-1 (4). 1-4 Parking Access From a Public SWeet - All Districts 1. In all districts (except all single-family, duplex, and multi-family districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the City Engineer. Where based upon analysis by the City Manager, projected volumes of traffic entering or leaving the proposed development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way, and paving in the form of a deceleration lane or mm lane may be required to be ~zrnished by the developer in order to reduce such interference. 2. In the approval of a Detail Site Plan consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site. Such drives shall have curbs or other barriers to prohibit access from parldng areas and other drives. 3. The radius of all drive approaches shall be constructed so that the curb retum 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. 101 SECTION ill - "PARKING REQUIREMENTS" 5. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Appendix Bustrations Nos. 1, 2, 3, 4or5. 3 1-5 Off-Street Parking Requirements - All Districts 1. All 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 fi'om overhanging a public right-of-way line, or public sidewalk. An overwide sidewalk on private property 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 Seedon 33-1 (6). 31-6 Parking Requirements Based on Use In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the 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 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, Museurn, or Art Gallery: Ten (10) parking " spaces plus one (1) additional space for each three hundred (300) square feet 102 SECTION 31 - "PARKING REQUIREMENTS" of floor area in excess of two thousand (2,000) square feet. ]fan auditorium is included as a part of the building, its floor area shall be deducted ~om the total and additional 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. Fumiture 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 (l ~,~) 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. 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 maximum 103 SECTION 31 - "PARKING REQUIREMENTS" working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each one thousand (1,000) square feet of floor area. 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 fit~ (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 Sales rooms and Used Car Lots: One (1) parking space for each five hundred (500) square feet of sales floor for indoor uses, or one {1 ) parking space for each one thousand (1,000) square feet of lot area for outdoor uses. 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-filly (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. 29. Rooming or Boarding House: One (1) parking space for each sleeping room. 104 SECTION 31 - "PARKING REQUIREMENTS" 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, whichever 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. A 31-7 Rules for Computing Number of Parking Spaces: In computing the number of parking spaces required for each of the above uses the following roles 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 effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 5. In the case of mixed uses, the parking spaces required shall equal the sum of ---- the requirements of the various uses computed separately. 105 SECTION 31 - "PARKING REQUIREMENTS" 31-8 Location of parking Spaces: All parking spaces required herein shall be located on the same lot with the building or use sewed, except as follows: 1. Where an increase in the number of spaces is requked by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed six hundred (600) feet from any other non- residential building served. 2. Not more than fifty (50) per cent of the parldng 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. 31-9 Use of Parking Spaces - All Districts: Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale. 106 SECTION 32 SPECIAL AND ADDITIONAL REGULATIONS 32-1 Lot Area: 1. The minimum residential lot area for the various Districts shall be in accordance with the individual use schedule except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this Ordinance may be used for a one-family dwelling and no lot existing at the time of passage of this Ordinance shall be reduced in area below the minimum requirements set forth in the respective district. 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 unplatted tract. Every means of access shall have a minimum width of twenty-five (25) feet. Where a lot is used for retail and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use. 3 2-2 Front Yard: 1. On comer lots, the from yard set back shall be observed along the frontage of both intersecting streets (unless shown specifically otherwise on a final plat according to section 32-3 (1). 2. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Appendix Illustration No. 6) 3. The from 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 107 SECTION 32 - "SPECIAL AND ADDITIONAL REGULATIONS" into the required from yard for a distance not to exceed four (4) feet and subsurface structures, platforms or slabs may not project into the from yard to a height greater than thirty (30) inches above the average grade of the yard. (See Appendix Illustration No. 7) 4. Where lots have double frontage, running through from one street to another, a required from yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Appendix Illustration No. 8) 5. The minimum from 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 fifby (50%) percent of the structures on a given block are set back an additional five (5) feet from the original setback. The average setback would equal the original setback requirement. The purpose of this requirement is to encourage a variety of from yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the front yard setback be less than twenty (20) feet. (See Appendix Illustration No. 10). Varying setbacks must be shown on the approved final plat in order to ~ reduce normal setback requirements. 6. Minimum front yard setbacks for lots with predominate frontage on the curved radius ofa cul-de-sac shall be twenty-five (25) feet ifapproved on the final plat. (See Appendix Illustration No. 14) 7. No fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes or shrubs shall be erected, planted or maintained in such a position or place so as to obstruct or interfere with the following minimum sight line standards. (A) Vision at all intersections where streets intersect at or near right angles shall be clear at elevations between two and one-half (2~A) 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 theses points with an imaginary line, thereby making a triangle. 108 SECTION 32 - "SPECIAL AND ADDITIONAL REGULATIONS" 8. Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An enclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line. 9. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line. 32-3 Side Yards: 1. On a comer lot used for one-family dwellings, both street exposures shall be treated as front yards on all lots platted at~er 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 ~f[een (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, comices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof caves projecting not to exceed thirty-six (36) inches into the required side yard. 32-4 Lot Coverage: 1. Up to ten (10%) per cent additional coverage of the lot or tract will be permitted for accessory buildings such as garages, carports, and storage buildings. Specified maximum coverage shall apply to schools, churches, and other non-residential buildings permitted in residential districts. 32-5 Special Height Regulations 1. In the districts where the height of buildings is restricted to two and one-half (2~A) or three (3) stores, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet ~ above the average grade line of the building. Water stand pipes and tanks, 109 SECTION 32 - "SPECIAL AND ADDITIONAL REGULATIONS" 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~'ont, 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 Communications Commission (FCC). In no case shall the height of such antennas exceed thirty-five (35) feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. 3. Satellite dishes shall not exceed a height offtReen (15) feet and shall only be located in the rear yard of any lot. 32-6 All measurements of setback requirements shall be made according to illustrations 11, 12 and 13. 32-7 Metal exterior construction buildings are not permitted in any district as a primary use except as provided in other ordinances of the City of Coppell. 110 SECTION 33 SCREENING STANDARDS Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. 33-1 Location of Required Screening 1. Where the side, rear, or service side of an apartment, or the side, rear, or sentice 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 ~-om 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 33-1.7. 2. When the side, rear or service side of a non-residential or multi-family use is adjacent to a public thoroughfare with greater than 60 feet of Right-of-way screening six (6) feet in height shall be provided. All screening walls shall ~ conform to 33-1.7. 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 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 Planning and Zoning Commission 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 111 SECTION 33 - SCREENING STANDARDS (10) feet from the street R.O.W./property line. Brick wall shall conform to 33-1.7. The brick screening wall for the loading areas shall be located ten (10) feet from the fight-of-way line. Brick wall shall conform to 33-1.7. 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, screening that conforms to Section 33-1.7 below. The City Council may waive or modify, in exceptional cases, the requirements of this section. All forms of screening shall conform to the requirements of the ordinances of the City governing the sight distance for traffic safety and other City ordinances. The types of permissible screening are: (A) A brick wall with a minimum height of six (6) feet and a maximum height of eight (8) feet shall be located on the street fight-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 dosely 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. Brick detailing at the top of the wall shall produce a change in plane or texture. Developers are encouraged to create offsets in the wall to provide visual variety. The wall shall be placed on an appropriate structural concrete footing; trees shall be planted in the landscaping strip between the curb and screening wall according to standards set in Section 34 for non-residential and multi-family lots. Landscaping, in the form of trees and shrubs, shall be used to break up long continuous lengths of wall. In general, a minimum of fifteen (15) percent of the 112 SECTION 33 - SCREENING STANDARDS wall elevation should be screened with vegetation. The developer may, at his option, install planter beds adjacent to the wall. In such event, the developer shall provide total maintenance for the beds until an owners association is in existence to provide maintenance in accordance with Section 34. The developer shall install automatic irrigation bubblers or other means of irrigation approved by the City. Plant materials shall be selected from the plant palette in the approved Coppell Sweetscape Plan. (B) Where appropriate, as long as the view beyond the fence is appropriately landscaped and is not a view of the rear yards or fences of housing, a combination of brick and ironwork can be utilized. The masonry portion shall be constructed according to the criteria described in the previous paragraph A. Landscaping and maintenance requirements are also identical except that a landscaped area must be provided behind open ironwork to provide an appropriate view beyond. These landscaped areas beyond shall also become the responsibility of an owners association or individual property owner to provide proper maintenance. ~ (C) Where subdivisions are platted so that the side yards of sinFIe-family residential lots are adjacent to a roadway that is identified as a primary or secondary image zone in the approved City Streetscape Plan, the developer shall provide a screening wall to screen the rear portion of the lots. The wall shall conform to criteria established in paragraphs A and B of this subsection. The length of wall shall be equal to one half of the depth of the lot or to the fenced in rear portion of the lot, whichever is greater. (D) Where subdivisions are platted so that the side yards of single-family residential lots are adjacent to a dedicated roadway and where a cul- de-sac approaches the paved roadway, but does not intersect with it, the developer shall provide, at his sole expense, a living screen composed of plants in the approved plant palette. Plants shall be a minimum of three (3) feet in height. Plant spacing shall vary, depending on the type of plants, as required by the City Council; however, suggested maximum spacings are twenty-five (25) feet for trees and twelve (12) feet for shrubs. A solid living screen is not required. The living screen shall not be planted opposite the front yard of residential lots which from 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 I.-- period, all plants in the living screen shall be in a healthy and growing 113 SECTION 33 - SCREENING STANDARDS condition. The living screen shall be planted between the sidewalk and the right-of-way line. 0E) At development and subdivision entry features, all walls and raised planter beds shall be of brick or stone construction unless otherwise approved by the Planning and Zoning Commission and City Council. The wall construction and landscaped requirements of paragraphs A and B shall apply to development and subdivision entry features. In addition, the design of the entry feature must conform to the visibility requirements of the Subdivision and Zoning Ordinances. Paving materials should be incorporated into the design of the pavement at entry features in a manner compatible with that used at major or secondary intersections in the City. 33-2 Maximum Height and Widths All required plant screening material shall be trimmed and pruned to prevent heights and widths which will cause visibility problems for traffic or other safety hazards, but not to a height less than the required minimums. 114 SECTION 34 LANDSCAPE REQUIREMENTS Purpose: Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping 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. 34-1 Landscape Plan: Prior to issuance of a Certificate of Occupancy for any use other than agriculture, single-family dwelling, or duplex dwelling in any zoning district, a Landscape 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 walls, fountains, statues, sprinkler or water system, or other landscape features; buildings, parking areas, drives, walks, adjacent sweets, and alleys. Unless waived by the City, the Landscape Plan shall be prepared by a Registered Landscape Architect and conform 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 sweets and alleys except where landscaping of common areas and parkway areas adjacent to screening walls has been provided 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 34. 34-2 Minimum Standards 1. Except where otherwise provided, all yard, setback, parking, service, and recreational areas shall be landscaped 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 landscape 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 (5%) percent landscaping requirement shall apply to the area between the buildings or structure and the street. The (5%) five percent requirement shah 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 construction of parking areas in a 115 SECTION 34 - LANDSCAPE REQUIREMENTS 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) feet if every five (5) continuous parking spaces are 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 comer 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 frrom the bottom of curb at the parking pavement. 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. All 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. 116 SECTION 34 - LANDSCAPE REQUIREMENTS 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. 34-3 Certificate of Occupancy: 1. No certificate of occupancy for any use except an agricultural 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 34-3.3 are met. This paragraph is applicable only when a Conceptual Landscape Plan had been approved. In the 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 34-1, no certificate of occupancy for any use shall be issued umil 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 34-3.3 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 mount 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 a six (6) month period, the landscaping has been installed per the approved Plan, comml 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 installation of the landscaping. Any fimds remaining after installation will be returned to the Developer. 117 SECTION 34 - LANDSCAPE REQUIREMENTS 34-4 Maintenance: All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, priming, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept ~'ee of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. 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. 34-5 Visibility: Where the rigid enforcement of these landscaping requirements will result in a conflict with 32-2.7, the requirements shall be reduced to the extent to remove the conflict. In any event, the requirements of Section 32 shall take precedence. 118 SECTION 35 ACCESSORY BUILDING REGULATIONS 35-1 In a residential or agricultural 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. 35-2 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. 35-3 All accessory buildings must conform to 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. Metal accessory buildings shall not exceed 150 square feet in area. 3. No temporary buildings, mobile or manufactured homes, or travel trailers may be used for on-site dwelling purposes. 35-4 Outbuildings in the SF-ED District, except garages, must be located behind the main dwelling in the rear yard. 1. Outbuildings shall be at least ~fbj (50) feet from any side property line and twenty-five (25) feet from rear property line unless the rear property line is adjacent to a railroad track then no setback is required. 2. Outbuildings must be ~i~ (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 Special Use Permit. 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 CA) acre separate from that upon which the main dwelling is constructed. Each lot must have a minimum of one (1) acre per dwelling unit constructed upon it. 5. The accessory dwelling unit may be constructed only with the issuance of a Special Use Permit. 119 SECTION 35 - ACCESSORY BUILDING REGULATIONS 6. 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. 35-5 Area Regulations for Accessory Buildings in Residential and 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. Co) 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 located at least five (5) feet behind the main building. Accessory buildings that are not located at least five (5) feet behind the main building are required to comply with the minimum side yard requirements for the main building. Accessory buildings adjacent to a side street shall have a side yard not less than fifteen (15) feet. Garages located and arranged with the vehicular access door parallel or most nearly parallel to the side yard lot line shall have a "' minimum distance of 20 feet from the side lot line. Adequate space must be provided on the driveway surface, outside of the garage and within the property line to allow for parking of two vehicles. 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, for any accessory building. If no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line. All garages or carports that are entered by a motor vehicle from an alley or alley easement shall be set back from the rear yard or alley easement line a minimum distance of twenty (20) feet. 35-6 Accessory Buildings in MH District: In the MH 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. 120 SECTION 36 GLARE AND LIGHTING STANDARDS Purpose of Section: Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorist. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas. 36-1 Glare: Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candies. 36-2 Non-Residential Site Lighting: ~ 1. All off-street parking areas for nonresidential uses in nonresidential district which are used after dark, shall be illuminated beginning one-half hour atter 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 candies, initial measurement, and a minimum average of one (1) foot candie on a maintained 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 candies maintained or 1/3 of the average, whichever is greater. 121 SECTION 36 - GLARE AND LIGHTING STANDARDS 36-3 Luminaries: Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and/or so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 15 watts or strings of lamps are prohibited except for temporary lighting not exceeding forty-five (45) days per year and as provided in 34.4. 36-4 Special Lighting: Low Wattage: Holiday special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. 122 SECTION 37 PLATtING PROPERTY NOT PERMANENTLY ZONED 37-1 The Planning and Zoning Commission of the City of Coppell shall not approve any plat of any subdivision within the City Limits of the City of Coppell until the area cover~! by the proposed plat shall have been permanently zoned by the City Council of the City of Coppell. 37-2 The Planning and Zoning Commission of the City of Coppea shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Coppell is pending before the City Council unless and until such plat shall have been approved by resolution by the City Council. 37-3 In the event the Planning and Zoning Commission holds a heating on proposed annexation, it may, at its discretion, at the same time hold a heating upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council, can if it desires, act on the matter of permanent zoning and annexation at the same time. 123 SECTION 38 CLASSIFICATION OF NEW AND UNLISTED USES 38-1 It is recognized that new types of land use will develop and forms of land use not anticipated may s~k to locate in the City of Coppell. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new ofunlistcd form offand use shall be made as follows: 1. The Planning Department shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 2. The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted. 3. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve the recommendation of the Planning and Zoning Commission or make such determination conceming the classification of such use as is determined appropriate based upon its findings. 4. Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process outlined in paragraphs a, b, and c above shall be followed. 124 SECTION 39 CREATION OF BUILDING SITE 3 9-1 No Permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, 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 requkements of this Ordinance may be issued on each such original separately owned parcel without first complying with paragraph 1 preceding. 125 SECTION 40 NONCONFORMING USES AND STRUCTURES 40-1 A nonconforming status shall exist under the following provisions 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 discontinuance. 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 conform to the regulations herein prescribed for the district in which the use or structure is located. 40-2 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. 40-3 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 structure. 40-4 Any 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 nonconforming use. 40-5 Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official. 40-6 When a nonconforming use or business involving a permanent type structure is discontinued or the structure vacated for a period of one (1) year, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use. When a nonconforming use or business, not involving a permanent type structure, is discontinued or moved from the premises for a period of six (6) months, the nonconforming use shall be deemed abandoned and such facts shall be construed as conclusive proof of intent to abandon the nonconforming use. 126 ,-- SECTION 40 - NONCONFORMING USES AND STRUCTURES 40-7 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 provisions of this Ordinance. In the case of partial re-construction of a nonconforming use, not exceeding fifty (50) percent of its reasonable value, reconstruction may be permitted a_tier a Building permit has been granted. 127 SECTION 41 BOARD OF ADJUSTMENT The word "Board" when used in this Ordinance shall be construed to mean the Board of Adjustment. 41 - 1 Organization and Procedure: 1. Establishment: A Board of Adjustment is hereby re-established in accordance with the provisions of Article 211.008, Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said Code. 2. Membership: The Board shall consist of five citizens, each to be appointed or re-appointed by the Mayor and continned 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) altemate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. These alternate members, when 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 Regulations: The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the Ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. All proceedings of the Board shall be a public record, and all meetings shaft be open to the public. 4. Meeting: Meeting of the Board shall be held at the call of the chairman and ~ at such other times as the Board may determine. The chairman or acting 128 SECTION 41 - BOARD OF ADJUSTMENT chainnan may administer oaths and compel the attendance of witnesses. All meetings, hearing or proceedings shall be heard by at least four (4) members of the Board. 41-2 Appeals: 1. Procedure: Appeals may be taken to and before the Board of Adjustment by any person aggrieved, or by any officer, department, board, or bureau of the City. Such appeal shall be made by filing with the office of the Board a notice of appeal and specifying the grounds thereof The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the minutes constituting the record upon which the action appealed from was taken. 2. Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after --~ notice to the office from whom the appeal is taken and on due cause shown. 3. Notice of Hearing on Appeal: The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such heating 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 determined 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 aftarm 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. 4 1-3 Powers and Duties of Board: 129 SECTION 41 - BOARD OF ADJUSTMENT 1. Subpoena Wimesses. 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 it is required to pass as follows: (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 or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare. (C) To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance. (D) Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. 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. 130 SECTION 41 - BOARD OF ADJUSTMENT (F) To determine in cases of uncertainty the classification of any use not specifically named in this Ordinance. (G) To allow variance from the requirements of Sections 33 and 34 which refer to screening standards and landscaping requirements. 4. Variances: An application or request for a variance shall not be heard by the Board of Adjustment or granted with regard to any parcel of property or portion thereof upon which a Concept Plan, Detail Site Plan, Pre'lmmanj Plat or Final Plat, when required by this Ordinance for any parcel of property or portion thereofi has not been finally acted upon by both the Planning & Zoning Commission and the City Council. The administrative procedures and requirements of this Ordinance, with regard to both Planning & Zoning Commission and City Council consideration and action, on Concept Plans, Detail Site Plans, Pre'~ 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 enforcement of the provisions of this Ordinance will remit in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done, including the following: (A) Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. (B) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alterations of 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 wan-ant a variance from the standards or regulations established by this Ordinance, and at the same time, the surrounding property will be properly protected. 131 ,,,. SECTION 41 - BOARD OF ADJUSTMENT (C) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fiRy (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. 5. Changes: The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone. 132 SECTION 42 SPECIAL DEFINITIONS Certain words in this Ordinance not heretofore defined are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the words "plot" or "tract"; the word "shall" is mandatory and not discretionary. 42-1 Accessory Building or Use: One which: (a) is subordinate to and serves a principal use; and Co) is subordinate in area, extent, or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served. "Accessory" when used in the text shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servants' quarters, as defined, are an accessory building or use. 42-2 Alley: A public right-of-way which affords a secondary means of access to abutting property. --- 42-3 Alterations: Any change, addition, or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed." 424 Auto Laundry: A building or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A seW-service type car wash is an auto laundry. 42-5 Automobile Repair, Major: Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses listed under "Automobile Repair, Minor"; and other similar uses. 42-6 Automobile Repair, Minor: Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, altemators, hoses, brake parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, and "' other similar minor services for motor vehicles except heavy load vehicles, but 133 SECTION 4~ - SPECIAL DEFINITIONS not including any operation named under "Automobile Repair, Major" or any other similar use. 42-7 Awning: A roof-like cover of a temporary nature that projects from the wall of a building. 42-8 Apartment: A dwelling unit in an apartment building occupied as a place of residence. 42-9 Apartment Building: 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. 42-10 Basement: A story wholly or partly (at least 50 per cent) measured from floor to ceiling. below the level of the ground on the street side of the building. A basement or cellar is not coumed when measuring the height of a building. 42-11 Bakery: A place for preparing, baking and selling all products on the premises where prepared. A 42-12 Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be more than one numbered block as shown on a plat falling within a single block as herein defined. 42-13 Block Face: A word used as a term of measurement. It shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. 42-14 Board: Shall mean the Board of Adjustment established in Section 41 of this Ordinance. 42-15 Build: To erect, convert, enlarge, reconstruct, or alter a building or structure. 42-16 Buildable Width: Of a building site, is the width of the building site left to be built upon after the required side yards are provided. 42-17 Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. 42-18 Building. Detached: A building surrounded by yards or open space on the same building lot. 134 SECTION 42 - SPECIAL DEFINITIONS 42-19 Building Height: See Height 42-20 Building Line: The rear line of a required from yard which is generally parallel to the street line forming the front lot line. 42-21 Building Lot: A single tract of land located within a single block which, (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall from upon a street or approved place. Therefore, a "building lot" may be subsequently subdivided into two or more "building lots", and a number of "building lots" may be cumulated into one "building lot", subject to the provisions of this Ordinance and the Subdivision Ordinance. 42-22 Building, Mixed: A building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use. 42-23 Building Official: The administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code. 42-24 Building, Principal: A building in which the principal use of the lot, on which it is located, is conducted. All residential uses, except bona fide servants quarters, are principal uses. 42-25 Building, Residential: A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. 42-26 Carport: A structure open on a minimum of three (3) sides designed or used to shelter the owners vehicle(s), not to exceed twenty-four (24) feet on its longest dimension. 42-27 Cellar: See Basement 42-28 Certificate of Occupancy or Compliance: An official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes legal use of the premises for which it is issued. 42-29 City: Shall mean the City of Coppell, Texas 42-30 City Council: The governing body of the City of Coppell, Texas 135 SECTION 42 - SPECIAL DEFINITIONS 42-31 City Manager: The Chief City Administrative officer. 42-32 Clinic: The office of one or more medical doctors, dentists, optometrists, or similar members of the medical professions who may or may not have associated in the practice of their professions. 42-33 Cleaning: A custom cleaning shop, not exceeding five thousand (5,000) square feet of floor area. 42-34 Clustering: A land development concept whereby the buildings on a site are grouped dosely together but not attached to allow for communal open space and economies in development. Clustering permits variation in lot size, shape and orientation without an increase in the overall density of the development. 42-34A Community Club: Any club, (other than a private club), service club, sorority, fratemity, lodge or other private organization or club where alcoholic beverages are not served pursuant to a private club permit issued by the State of Texas. 42-35 Concrete Block: Any of the molded load-beating or non-load- beating ~ concrete units normally 8"x 8"x 16". 42-36 Convalescent Home: Any structure used for or customarily occupied by persons recovering fi'om illness or suffering ~'om infirmities of age. 42-37 College or University: An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools. 42-37 A Convenience Store: A small, drive-up type store which sells groceries. 42-38 Court: An open, unoccupied space, bounded on more than two sides by the wails 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 pennanent open space. 42-39 Coverage: The percent of a lot or tract covered by the first floor or the largest floor of a building or structure whichever is larger, including all covered porches, patios, garages, accessory buildings, etc. Unsupported roof overhangs and other allowed architectural projections shall be excluded ~om coverage computation. 136 SECTION 42 - SPECIAL DEFINITIONS 42-39 A Curb line: A line created by following the edge of the street or curb. 42-39B Cumulative Zoning: The successive addition of uses allowed in more restrictive zoning districts to lesser restrictive zoning districts. 42-40 Custom Personal Service: A tailor, shoe repair, barber, beauty shop, health studio or travel consultant. 42-41 Day Nursery or Day Care Center: An establishment where four (4) or more children are left for care or training during the day or portion thereof. 4242 Density: The relationship of the total number of dwelling units to the area of the total site area commonly expressed as "dwelling units per acre." 42-43 Depth of Lot: The mean horizontal distance between the front and rear lot lines. See illustration # 12. 42-44 Development, or To Develop: The construction of a new building or any structure on a building lot, the relocation of an existing building on another building lot, or the use of open land for a new use. To "develop" is to create a development. 42-45 District: A zoning district which is a part of the City wherein regulation of this Ordinance is uniform. 42-46 Dwelling, One-Family: A dwelling having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders and lodgers. 42-47 Dwelling, Two-Family: A dwelling having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers. (Two boarders or lodgers to each unit). 4248 Dwelling, Multiple-Family: Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. 42-49 Dwelling Unit: A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and including facilities for food preparation and sleeping. 137 SECTION 42 - SPECIAL DEFINITIONS 42-50 Family: Consists of one or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than four persons (excluding servants) who are living together in a dwelling unit. 42-51 Farm: An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. 42-52 Floor Area: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, or garages. 42-53 Floor Area Ratio (FAR): An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area. (See Appendix Illustration No. 15) 42-54 Garage. Private: An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is necessary. 42-55 Garage. Public: A building or portion thereof, other than a private or storage garage, designed or used for storing motor driven vehicles. 42-56 Gasoline Station or Filling Station: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage. 42-57 Gross Acreage: The total size of the property including floodplains, easements, and other non-buildable areas located on the property. 42-58 Health Service: A charitable or govemment operated facility offering to the public medical examinations, diagnosis and limited treatment not for profit. 42-59 Heavy Load Vehicle: A self-propelled vehicle having a load capacity greater than one and one-half (P/~) 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. 138 SECTION 42 - SPECIAL DEFINITIONS 42-60 Height: The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roofs surface if a flat surface, (2) to the deck line of mansard roofs or, (3) to the mean height level between caves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulk heads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average from yard grade shall be used for a base level. 42-61 Home Occupation: A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics: 1. The activity shall employ only members of the immediate family of the resident of the dwelling unit; 2. There shall be no external evidence of the occupation detectable at any -- lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business; 3. Said home occupation shall not have a separate entrance for the business and shall not include appointed visits by the general public. Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the City to order a cease to all such activity within said dwelling unit. 42-62 Hospital: A a legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities. 42-63 Hotel: An establishment offering lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A ~ hotel is a non-residential use. 139 SECTION 42 - SPECIAL DEFINITIONS 42-64 Household Appliance Service and Repair: An enclosed facility for the repair of household and home equipment, including appliances, lawnmowers, power tools, radios, TV and similar items. 42-65 Junk or Salvage Yard: A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard and automobile parts yard. A "junk yard" does not include such uses conducted entirely within an enclosed building. 42-65 A Landscaping Contractors Yard: A lot upon which landscaping items such as trees, plants and shrubs may be stored for future sale. 42-66 Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having minimum dimensions of twelve (12) by sixty (60) feet for industrial and warehouse uses and twelve (12) by thirty (30) feet for commercial, retail and institutional uses with a vertical dearante of at least fourteen (14) feet, together with access and maneuvering areas provided on the same building lot as the principal use for which the loading space is intended. 42-67 Lot Area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. (See Appendix Illustration No. 12) 42-68 Lot Area per Dwelling Unit: The lot area required for each dwelling unit located on a building lot. 42-69 Lot, Comer: A building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed 135 degrees. 42-70 Lot Depth: The mean horizontal distance between the fi'ont lot line and the rear lot line of a building lot measured at the respective mid-points of the front lot line and rear lot line within the lot boundary. (See Appendix Illustration No. 12) 42-71 Lot Line: A boundary of a building lot. 42-72 Lot Line, Front: That boundary of a building lot which is the line of an existing or dedicated street. Upon comer lots either street line may be "' selected as a front lot line providing a front and rear yard are provided 140 SECTION 42 - SPECIAL DEFINITIONS adjacent and opposite, respectively, to the front lot line. (See Appendix Illustration No. 11) 42-73 Lot Line, Side: That boundary of a building lot which is not a front lot line or a rear lot line. 42-74 Lot Line, Rear: That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line. 42-75 Lot of Record: An area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the County Clerk of Dallas County, Texas or an area of land held in single ownership described by metes and bounds upon a deed recorded of registered with the County Clerk. 42-76 Lot, Reverse Comer: A comer lot, rear lot line of the street which abuts the side lot line of the lot to its rear. 42-77 Lot, Through: A "double frontage" lot is a building lot not a comer lot, both the front and rear lot lines which adjoin street lines. On a "through lot" both street lines shall be deemed front lot line. 42-78 Lot Width: The minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto. (See Appendix Illustration No. 11) 42-79 Manufactured Home: A factory-built dwelling unit, attached or detached, which is wholly or partially constructed away from its building lot and moved to a building lot where it is affixed or situated as a permanent building. A manufactured home is a residential use. A manufactured home shall not be construed to be a mobile home. 42-80 Masonry: Brick, stone, concrete or other similar materials but excluding stucco and "concrete blocks". The masonry requirement shall be computed for the area from the foundation to the top plate of the first floor and from plate to plate for each floor above the first. 42-81 Mobile Home: A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports, but which when properly equipped and situated can be towed behind a motor vehicle. A trailer coach is a mobile home. 141 SECTION 42 - SPECIAL DEFINITIONS 42-82 Mobile Home Park: Any premises on which two or more mobile homes are parked or situated and used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for two or more mobile homes whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park. 42-83 Modular Home: A factory-built dwelling unit, attached or detached, which is wholly or partially constructed away from its building lot and moved to a building lot where it is aff~ed or situated as a permanent building. A modular home is a residential use. A mobile home shall not be construed to be a modular home. 42-84 Motel, Motor Hotel, or Tourist Court: An establishment offering to the transient public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby. The establishment furnishes customary hotel services and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a non-residential use. 42-85 Motorcycle: A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and may have a side car attached. For purposes of this ordinance, motor bikes, motorscooters, mopeds, and similar vehicles are classified as motorcycles. 42-86 Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal. 42-86 A Net Acreage: The total buildable area of a lot. Net acreage shall not include floodplain area, public rights-of-way, or other areas where buildings can not be located. 42-87 Nonconforming Use: Any building or land lawflatly 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. 142 SECTION 42 - SPECIAL DEFINITIONS 42-88 Noxious Matter: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. 42-89 Occupancy: The use or intended use of the land or buildings by proprietors or tenants. 42-90 Open Space: That part of a building lot, including courts or yards, which: 1. Is open and unobstructed from its lowest level to the sky, and 2. Is accessible to all residents upon a building lot, and 3. Is not part of the roof of that portion of the building containing dwelling units. 42-91 Open Storage: The storage of any equipment, machines, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. 42-92 Parking Space: An enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-sWeet parking in computing the parldng area requirements for any use. 42-93 Patio Home: a single family detached dwelling unit on an individually platted lot. The structure is situated on or near one side lot line to facilitate use of the remah~g side yard on the opposite side of the building. 42-93 A Planning Director: The adn~strative official responsible for the administration of this ordinance during the platting and/or rezoning process. 42-94 Planning and Zoning Commission: The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning and review of subdivision plats. 42-95 Plat: A plan of a subdivision of land creating building lots or tracts and "' showing all essential dimensions and other information essential to comply 143 SECTION 42 - SPECIAL DEFINITIONS with the subdivision standards of the City of Coppell subject to review by the Planning and Zoning Commission and approval by the City. Reference to a Plat in the Ordinance means an official Plat of Record which has been reviewed by the Planning and Zoning Commission and approved by the City and filed in the plat records of Dallas County. 42-96 Premises: Land together with any buildings or structures occupying it. 42-97 Private Club: A club where alcoholic beverages belonging to members of the club are stored, possessed, mixed on the club premises and served for on- premises consumption to members of the club, their families and guests pursuant to a private club permit issued by the State of Texas. 42-98 Public Park: Any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the jurisdiction and control of the City. 42-99 Recreation Area: A privately owned park, playground, or open space maintained by a community club, property-owners association, or similar organization. 42-100 Residential Districts: Includes the following districts: SF-ED, SF-18, SF-12, SF-9, SF-7, SF-O, 2F-9, TH-1, TH-2, MF-1, MF-2 and MH. 42-100 A Residential Structure: Any single-family, multi-family, or apartment building, condomim'um project, town home, zero lot line home as defined by the Federal Department of Housing and Urban Development. 42-101 Rest Home or Nursing Home: A private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury. 42-102 Retail Stores and Shops: Facilities which offer all types of consumer goods for sale, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials. 42-103 School: Under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools. 42-104 Screening Device: A "screening device" shall consist of a barrier of stone, brick, uniformly colored wood, or other permanent material of equal "' character, density, and acceptable design, at least six (6) feet in height. 144 SECTION 4~ - SPECIAL DEFINITIONS 42-105 Servant's 0uarters: An accessory building or portion of a main residential building located on the same lot as the principal residential building occupied only by such persons and their families as are employed full time by the occupants of the principal residence. 42-106 Story: That part of a building between the surface of a floor and the ceiling immediately above. A standard story is eleven feet six inches (11'6"). 42-107 Street: A public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street. 42-108 Street, Private: A street which has no publicly dedicated right-of-way. 42-109 Street Line: A "street line" is the right-of-way of a street. 44-110 Stucco: A continuous plaster or mortar exterior veneer, finished by hand --. troweling over wire lath. 42-111 Tennis or Swim Club: A private recreational club with restricted membership, usually of less area than a Country Club, but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public. 42-112 Top Plate Line: That point at which the ceiling plane of the upper most story intersects the vertical wall plane. 42-113 Townhouse: attached single family dwelling units on individually platted lots. 42-114 Toxic Materials: Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small mounts. 42~115 Use: The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or ;maintained, and shall include any manner of such activity with respect to the standards of this Ordinance. 145 SECTION 4~ - SPECIAL DEFINITIONS 42-116 Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use. 42-117 Video Amusement: Arcade and other commercial indoor coin operated amusement facility. 42-118 Visual Screen: A wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall is of sufficient height so that the objects being screened are not visible ~'om any point on the lot line when viewed from any height between ground level and six (6) feet above ground level. No wall shall exceed eight (8) feet in height. 42-119 Yard: An open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a from yard, the minimum horizontal distance between the building site and the lot line shall be used. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located. (See Appendix Illustration No. 13) 42-120 Yard, Front: A yard extending along the whole length of the from lot line between the side lot liens, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, planter box, unenclosed porches, and driveways. (See Appendix Illustration No. 13) 42-121 Yard, Rear: A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways. 42-122 Yard, Side: An open unoccupied space on the same lot with the building situated between the building and the side property line of the lot, and extending through to the street or the front property line. (See Appendix Illustration No. 13) 42-123 Zoning District Map: The map or maps incorporated into this ordinance as a part thereof by reference thereto. 146 SECTION 43 CERTIFICATES OF OCCUPANCY AND COMPLIANCE 43-1 Certificates of Occupancy shall be required for any 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 classification. 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. 43-2 Procedure for New or Altered Buildings: Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within ten (10) days after a written request for the same has been made to said Building Inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance. 43-3 Procedure for Vacant Land or a Change in Use: Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building or for a change in a nonconforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conforming use, as herein provided, shall be made to said Building Inspector. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within ten (10) days after the application for same has been made. 43-4 Contents: Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and Ordinances. A record of all Certificates of Occupancy shall be kept in file in the office of the Building Inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected. 147 SECTION 43 - CERTIFICA~S OF OCCUPANCY AND COMPLIANCE 43-5 Temporary Certificate: Pending the issuance of a regular certificate, a temporan/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. 43-6 Certificates for Nonconforming Uses: A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be fled with the Building Inspector by the owner or lessee 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 Inspector 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. 148 SECTION 44 AMENDMENTS AND ADMINISTRATIVE PROCEDURES 44-1 Declaration of Policy: The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except: 1. To correct any error in the regulations or map. 2. To recognize changed or changing conditions or circumstances in a particular locality. 3. To recognize changes in technology, the style of living, or manner of doing business. 44-2 Authority to Amend Ordinance: The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, mend, supplement, or change the ~'- regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property. Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit proof of ownership. Minor corrections of any mistake or error involving a Zoning Ordinance or the Official Zoning Map can be made without the necessity of notice and public hearings normally required in connection with a change of zoning or other amendment to the Zoning Ordinance. 149 ADMINISTRATIVEPROCEDURES 44-3 Public Hearing and Notice: Prior to making its report to the City Council on an amendment to this text or on a request for changes in a zoning district classification or boundary, the Planning and Zoning Commission shall hold at least one public heating on each amendment or change. Written notice of all public hearing on amendments or changes shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within 200 feet of any property affected thereby. The measurement of the 200 feet includes streets and alleys. The notice must be given not less than ten (10) days before the date set for hearing and can be accommodated by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved City tax roll. Before the City Council holds the public hearing on an amendment to this text or on a request for a change in a zoning district classification or boundary, notice shall be given in the official newspaper of the City at least ~-Qeen (15) days before the hearing. 44-4 Failure to Appear: Failure of the applicant or his representative to appear ---- before the Planning and Zoning Commission for more than one hearing without an approved delay shall constitute sufficient grounds for the Planning and Zoning Commission to terminate the application. 44-5 Commission Consideration and Report: The Planning and Zoning Commission, after the public hearing is dosed, shall prepare its report and recommendations on the proposed change to the City Council. 44-6 Council Consideration 1. Proposal Recommended for Approval: When the final report of the Planning and Zoning Commission recommends approval of the zoning change or other amendments to the Zoning Ordinance, the report shall be forwarded to the City Council for public hearing thereon. 2. Proposal Recommended for Denial: When the final report of the Planning and Zoning Commission recommends denial of a zoning change or other amendment to the Zoning Ordinance, the report shall be forwarded to the City Council and the applicant shall be notified. A heating before the City Council shall be set on an application recommended for denial only when an appeal is filed by the applicant with the Planning Department, within fifteen (15) days ~om the date of A the recommendation for denial. When the final report of the Planning 150 ADMINISTRA~PROCEDURES and Zoning Commission recommends denial of a zoning change or other amendment to the Zoning Ordinance which application was originally initiated by the City Council, the report shall be forwarded to the City Council for public hearing. 3. Council Heating and Notice: Notice of the time and place of the public heating before the City Council, shall be published one time in the official newspaper of the City at least fifteen (15) days prior to the date of the heating. 4. Three-Fourths Vote: The three-fourths vote provision shall be required under the following circumstances: a. The affirmative vote of at least three-fourths of all the members of the City Council shall be required to overrule a recommendation of the Planning and Zoning Commission that a proposed change be denied. b. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the Council. The protest must be written and signed by the owners of at least twenty percent (20%) of either: (i) the area of lots or land covered by the proposed change; or (ii) the areas of lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included. 44-7 Final Approval and Ordinance Adoption: A zoning change or an amendment to the Zoning Ordinance shall not become effective until after the adoption of an ordinance and publication of its caption as required by law. The adoption of the amending ordinance shall be accomplished as soon alter the public heating as practical. 151 SECTION 45 APPLICATION AND FILING FEES 45-1 All owners, lessees or any other persons, finns or corporations making an application with the City of Coppell requesting a change, amendment or variance to the zoning ordinance applicable to his property shall be charged a mandatory fee for processing. 1. Standard Fig Fee - $500.00 minimum plus $10.00 per acre or portion thereof. 2. Specific Use Permit - $200.00 minimum plus $5.00 per acre or portion thereof. 3. Conceptual Plan - No charge when submitted with zoning request; $100.00 when submitted separately. 4. Development Plan (Detail Site Plan) - $100.00 SECTION 46 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES 46-1 By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. 152 SECTION 47 PENALTY FOR VIOLATIONS 47-1 Any person, finn or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a penalty of free not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense continues shall constitute a new and separate offense. SECTION 48 VALIDITY 48-1 If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. 153 SECTION 49 EFFECTIVE DATE 49-1 This ordinance shall take effect immediately from and after publication of its caption, DULY PASSED AND ACCEPTED by the City Council of the City of Coppell, Texas, this the day of ,1991. APPROVED: Mayor City of Coppell, Texas ATTEST: City Secretary -'-- City of Coppell, Texas APPROVED AS TO FORM: Lawrence W. 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MF -2 ZOflIflG mAP CITY OF COPPELL TEHAS S F »D CITY err.. �--.� LI . ` o C•AROLL TON • C N 0 R T H 600 --- 600 '200 '8OO LEGEND A SF -ED SF -18 SF -12 SF -9 SF-7 SF -0 2F-9 TH -1 TH -2 MF -1 MF -2 MH 0 R C TC LI HI PD FP S.U.P. HC 2400 1000 Agricultural Single Family Residential Estate Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential -Zero Lot Line Two Family Residential Town House Residential -1 Town House Residential-2 Multi - Family Residential -1 Multi - Family Residential -2 Mobile Home Park Office Retail Commercial Town Center Light Industrial Heavy Industrial Planned Development Flood Plain Specific Use Permit Highway Commercial ADOPTED December 8. 1983 Date ATTEST f Meyer , City co coop • Texas city Secretory , city of Co••NI . Texas M. y 13 D«. 01 Mar. 10 By. ISD•C