CHAPTER 84
UNIFIED DEVELOPMENT CODE
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   ARTICLE I. GENERAL PROVISIONS

   Sec. 84-1     Title

This chapter shall be known and may be as the Unified Development Control Document of the City of Euless.

(Ord. No. 1133, § 1(1-100), 3-22-94)

   Sec. 84-2     Adoption of statutes authorizing zoning ordinances and subdivision regulations

(a)     Zoning statutes. The statutes of the state authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purposes set out in such statutes, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being Local Government Code Sections 211.001-211.013 in Vernon's Texas Codes Annotated (V.T.C.A.), are hereby adopted for and on behalf of the city; and the city, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes.

(b)     Platting statutes. The statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits of and within the extraterritorial jurisdiction of such city, the same being Local Government Code Sections 212.001-212.017 in Vernon's Texas Codes Annotated, are hereby adopted for and on behalf of the city, and the city acting through its duly authorized officials shall have all the rights, powers, privileges and authority authorized and granted by and through such statutes.

(Ord. No. 1133, § 1(1-200), 3-22-94)

   Sec. 84-3     Purpose

The purpose of this chapter is the promotion of the health, safety, and general welfare of the community. The zoning regulations, zoning districts, and platting requirements herein established have been designed to:

(1)     Prevent adverse or undesirable effects that incompatible uses could have on each other;

(2)     Assure sufficient, suitable land for future development;

(3)     Protect and improve the physical environment;

(4)     Protect and maintain property values;

(5)     Ensure that land uses are properly situated in relation to one another;

(6)     To guide public and private policy and action and control density so that property can be adequately serviced by public services and facilities;

(7)     Preserve and develop the community's economic base;

(8)     Establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land;

(9)     Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract and that the cost of improvements which primarily benefit the entire community be borne by the community as a whole; and

(10)     Ensure that streets, utilities, and drainage improvements needed by the subdivision are actually installed.

(Ord. No. 1133, § 1(1-300), 3-22-94)

   Sec. 84-4     Intent of the unified development control document format

(a)     Single design control system. The unified development control document combines zoning and subdivision regulations into a logical single design control system. This unified or combined approach offers several important advantages.

(b)     Conforms to development trends. First, it conforms to the way that development, especially major residential development, tends to occur today. Any regulatory system that requires separate ordinances for different phases of the same project or that fails to respond to market realities is at best cumbersome and at worst unworkable.

(c)     Administrative efficiency. The second advantage of the combined zoning and subdivision ordinance is it permits the land use control system to be administered more efficiently because (1) the administrators and members of the various bodies involved (the planning and zoning commission, board of adjustment, and city council) need to become familiar with only one set of regulations and (2) the approval process for all types of development are covered in one ordinance.

(d)     Overlapping, conflicting and inconsistent land controls. A unified ordinance avoids the overlapping, conflicting or inconsistent ordinance provisions found in land use control systems consisting of separate zoning and subdivision ordinances, particularly when those ordinances were drafted by different individuals and adopted at different times.

(Ord. No. 1133, § 1(1-400), 3-22-94)

   Sec. 84-5     Relationship to other laws and restrictions

If this chapter imposes a greater restriction upon land, buildings, or structures than is imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this chapter shall govern. If other ordinances are more strict than this chapter, then the more strict provisions shall prevail.

(Ord. No. 1133, § 1(1-500), 3-22-94)

   Sec. 84-6     Repeal of conflicting ordinances

All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.

(Ord. No. 1133, § 1(1-600), 3-22-94)

   Sec. 84-7     Definitions and word usage

(a)     Word usage. In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

Words used or defined in one tense or form shall include other tenses and derivative forms.

Words in the singular number shall include the plural number.

Words in the plural number shall include the singular number.

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

The word “shall” is mandatory.

The word “may” is permissive.

The word “person” includes individuals, firms, corporations, associations, trusts, and any other similar entities.

The word “city” shall mean the City of Euless, Texas.

The word “code” shall mean the Euless Unified Development Control Document (chapter).

The word “council” shall mean the city council.

The word “commission” shall mean the planning and zoning commission.

The word “board” shall mean the zoning board of adjustment.

The word “administrator” shall mean the individual designated administrative responsibility by the city manager (usually the director of planning, development coordinator, building official, or city engineer).

In case of any difference of meaning or implication between the text of this code and any caption, illustration or table, the text shall control.

(b)     Definitions. Certain words in this code not heretofore defined are defined as follows:

Abutting means having a common border with, or being separated from such common border by an alley or easement.

Accessory means incidental to another use or structure on the same lot.

Accessory building means a structure detached from a principal structure on the same lot and customarily incidental and subordinate to the principal building or use (see Appendix A).

Administrator means the city manager or his designee.

Adult entertainment enterprise means a business enterprise which, for consideration, offers, shows or displays any of the following:

(1)     Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)     Activities between male and female persons and/or persons of the same sex when one or more of the persons are nude or semi-nude; or

(3)     A book, magazine, newspaper, picture, photograph, film, video tape, motion-picture, drawing or other printed or pictorial material which explicitly depicts:

a.     Human genitals in a state of sexual arousal; or

b.     Acts of masturbation, sexual intercourse, or deviate sexual intercourse.

Alley means a public way which affords a secondary means of access to property abutting thereon, and not intended for general traffic circulation.

Apartment means a dwelling unit in a multifamily residential structure arranged, designed, or occupied as a place of residence by a single-family, individual or groups of individuals.

Approach means that portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic approaches said intersection.

Arterial, major means a roadway which serves to interconnect regional roadways and link identifiable neighborhood areas with major centers of activity; include the service roads of controlled access roadways.

Arterial, minor means roadways which augment principal arterials with emphasis on the distribution of vehicles to higher and lower roadway classes and land access.

Basement means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be counted in computing the number of stories (see Appendix A).

Block means a tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits.

Buffering means the use of intensive landscaping or the use of landscaping with berms, walls or decorative fences to obstruct the view of certain uses or activities, or reduce noise from an abutting street or property.

Building means any structure, either temporary or permanent, having a roof or other covering and designed, built or intended for the shelter or enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. Where independent units with separate entrances are divided by absolute fire separations, each unit so separated shall be deemed a building. This definition shall include structures wholly or partly enclosed with an exterior wall.

Building area means the area of a lot remaining after minimum yard and open space requirements have been met (see Appendix A).

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot (see Appendix A).

Building line means a line on a lot, generally parallel to a lot line or street right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this code. The building line delineates the area in which buildings are permitted subject to all applicable provisions of this code (see Appendix A).

Building front means the exterior wall of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building height means the vertical distance of a building measured on the street side from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof (see Appendix A).

Building, principal means the building or buildings on a lot which are occupied by the primary use (see Appendix A).

Caliper means diameter of the trunk measured one foot above average grade.

Car title loan business. An establishment that makes small consumer loans that leverage the equity of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle.

Centerline means a line designated midway between the right-of-way lines of a street or alley. Where such lines are irregular, the centerline shall be determined by the administrator.

Certificate of occupancy means an official certificate issued by the city which indicates conformance with or an approved conditional waiver from this code and authorizes legal use of the premises for which it is issued.

Check cashing business. An establishment that provides one or more of the following:

a.     An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;

b.     An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or

c.     The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Church means a building, whether situated within the city or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Circular driveway means a driveway with two points of access to a public street connected by a nonintersected arc or arcs and tangents along its outer edges, with no parking internally off the driveway. Entrance to a garage is permitted.

Collector, major means roadways which provide access to commercial properties and serve to distribute trips to or from the arterial street network.

Collector, minor means roadways which offer access to neighborhoods and connect to higher classes of the street system.

Comprehensive plan means a periodically updated series of council adopted documents and maps that unify all elements and aspects governing land uses, functions and services of the city. Based on careful analysis and projections, these volumes reflect the best judgement of the council, commission and staff to ensure the welfare and prosperity of the city. The plan shall service as a guide to zoning, subdivision and capital improvement development decisions.

Construction plans means the maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision.

Cul-de-sac means a local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.

Curb radius means the connection of the outer limits of a driveway and street intersection by means of a circular arc.

Day care center means any place, home or institution which cares for five or more children under the age of 16 years old apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term shall not apply to bonafide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial persons, or churches and other religious or public institutions caring for children within an institutional building.

Density means a residential land use intensity measure expressed as the number of units per gross lot area. It is the number resulted from dividing the total number of dwelling units by the area of the platted lot.

Departure means that portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic departs said intersection.

Development, mixed use means any property or building used partly for residential use and partly for institutional, business and/or office use.

Development schedule means a chronological estimate of the rate and order of development.

Development standards. See: Site development standards.

Dripline means the periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.

Drinking establishment means an establishment where the primary activity is the sale and consumption on the premises of beer, ale, wine or alcoholic beverages and where the total quarterly calendar receipts for on-premise food sales is less than the total receipts for the same time period of beer, ale, wine and alcoholic beverages.

Driveway means a roadway that permits access between private land use(s) and public thoroughfares.

Driveway width means the width of the driveway measured between the termination of the curb radii, at a point of tangency essentially perpendicular to the street.

Dwelling means a room or group or rooms which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.

Dwelling, multifamily means any building which is designed, built, rented, leased or let to be occupied as two or more dwelling units or apartments, or which is occupied as a home or residence of two or more families (see Appendix A).

Dwelling, multifamily duplex means a detached building having two dwelling units on a single lot and occupied by not more than two families (see Appendix A).

Dwelling, single-family attached means a dwelling on a separately owned lot which is joined to another dwelling on one side by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A).

Dwelling, single-family cluster means a single-family detached dwelling, situated on a smaller lot than the typical single-family dwelling and generally related to generous common open spaces (see Appendix A).

Dwelling, single-family detached means a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling (see Appendix A).

Dwelling, single-family manufactured means a transportable, manufactured detached single-family dwelling which is designed for year round occupancy and connected to utilities. Both modular and mobile housing which are designed with standard roofing and siding and sit on a permanent foundation are included in this definition (see: manufactured home).

Dwelling, single-family townhouse means a dwelling on a separately owned lot which is joined to another dwelling on one or more sides by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A).

Dwelling, zero lot line means a single-family detached dwelling on a separately owned lot which is located in such a manner that one of the dwellings' sides (zero lot line wall) rest directly on a lot line (see Appendix A).

Easement means a grant of one or more of the property rights by the property owner to and/or for the use by public, a corporation, or another person or entity (see Appendix A).

Easement, access and egress means an easement dedicated for the purpose of providing a way or means of entering and exiting a property by use of vehicle or pedestrian means.

Easement, avigation means an easement dedicated for the purpose of protecting the air lanes around and adjacent to an airport, specifically the airport hazard areas as defined by FAR Part 77.

Easement, construction means an easement dedicated for the purpose of providing for the spatial requirements needed during the construction process. The effective date of said construction easements shall be for the time period required to complete the specified construction, at such time it shall be terminated and will not constitute a permanent encumbrance to the property.

Easement, drainage means an easement dedicated for the purpose of permitting the placement of pipes, swales, channels, natural features and man-made improvements designed to carry stormwater drainage and to provide for the access to and maintenance of said facilities.

Easement, maintenance means an easement dedicated for the purpose of providing for the continuing maintenance of facilities, structures, or other items that require continual attention and attendance.

Easement, utility means an easement dedicated for the purpose of permitting the placement of electric, telephone, gas, cable television, water, wastewater, and other public utilities and to provide for the access to and maintenance of said facilities.

Eating establishment means an establishment where the primary activity is the sale and consumption of food and where beer, wine and alcoholic beverage service, if any, is incidental to the sale of food. Food service shall constitute not less than 51 percent of quarterly sales.

Eating establishment (drive-thru) means an eating establishment where food service is offered and served or delivered to customers in automobiles.

Eating establishment, (with music and entertainment) means an eating establishment which incidentally may offer music, entertainment and facilities for dancing patrons and so licensed by the city or state.

Entry turnaround means an esplanade opening or other accommodations providing for an entrance to a private street development in order to allow vehicles denied access to re-enter onto a public street with a forward motion without unduly disturbing other vehicles at the entrance.

Family means any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption.

Federal aid primary highway means any highway system as established and maintained as a primary highway; including extensions of such systems within municipalities, which have been approved pursuant to Subsection B of Section 102 of Title 23, United States Code. (The following highways in the city meet this definition SH 121, SH 183, and SH 360.)

Floodplain means the channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

Floodway means the channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding basements, open and screened porches, and garages.

Floor area ratio (FAR) means a nonresidential land use intensity measure expressed as the ratio between the number of square feet of gross floor area within the buildings on a lot and the total square footage of land in the lot. It is the number resulting from dividing the floor area by the lot area (see Appendix A).

Frontage, freeway means a tract of land having a frontage adjacent to a federal aid primary highway or separated therefrom only by a service road.

Frontage, lot means the length of street frontage between property lines measured at the street right-of-way line (see Appendix A).

Frontage, street means the length of all property on one side of a street between two intersecting streets measured along the line of the street.

Gate, limited access means any device located on private property which controls or limits access to more than one residential unit or any nonresidential property.

Gate, private. See: Gate, limited access.

Gate, security. See: Gate, limited access.

Grandfathered means any lawfully existing circumstance that does not comply with the current ordinances, however, is allowed to continue for a specific duration.

Ground cover means low growing, dense spreading plants typically planted from containers.

High capacity/limited movement driveway means a driveway constructed with nonstandard design characteristics to meet the needs of greater driveway volumes and/or limitation of movements accessing or egressing the driveway.

Home occupation means any occupation or activity conducted within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling.

Hotel or motel means a building or group of buildings designed and occupied as a temporary dwelling place of individuals. To be classified as a hotel or motel, an establishment shall contain individual guest rooms or units and shall furnish customary hotel services such as linens, maid service, telephone, use and upkeep of furniture and the accommodations shall not be designed as permanent dwelling units.

Incidental use means a use that is supportive of the primary use and is normal to the usual operation of that use but is minor and secondary in nature.

Impervious coverage means that portion of a lot area which is covered by an impermeable surface, such as structures or paving, and thereby not allowing water penetration.

Internal storage means the length of driveway approach or departure that does not permit movement across the driveway approach or departure.

Landscaped area means an area which is covered by natural grass, ground cover, or other natural living plant materials.

Lawn grasses means thin blade surface growing plants typically planted from seed, sprigs or plugs.

Limited access residential development means a development designed for residential purposes that limits access to three or more residential lots or dwelling units by the use of a gate, security guard or other active means.

Lot means a parcel of land which has been established as a result of the platting process; and has been approved by the city and filed of record at the Tarrant County Plat Records (TCPR). Said lot may be occupied or intended to be occupied by a building and its accessory building and including such yards and other open spaces as are required under this document and having access to a dedicated street or other approved method of access and egress (see Appendix A).

Lot area means the total horizontal area within the lot lines of the lot.

Lot, corner means a lot or parcel of land abutting two or more streets at their intersection (see Appendix A).

Lot depth means the average horizontal distance between the front and rear lot lines (see Appendix A).

Lot, flag means a lot fronting on or abutting a public street and where access to the public street is by a narrow, private right-of-way (see Appendix A).

Lot, interior means a lot whose side lot lines do not abut upon any street (see Appendix A).

Lot, through also known as double-front lot, is a lot having frontage on two or more nonintersecting dedicated streets other than a corner lot. The actual front of the lot shall be considered that side on which the building set back line is located and in which the structure faces. The other lot line having street frontage shall be considered the rear yard line and shall comply with the required yard requirements, screening and fencing as deemed appropriate for rear property lines. Access to the lot via the rear frontage line shall not be permitted without approval of the city (see Appendix A).

Lot line means a line of record bounding a lot which divides one lot from another lot, a public or private street or any other public space (see Appendix A).

Lot line, front means the lot line separating a lot from a street right-of-way (see Appendix A).

Lot line, rear means a lot line which is opposite and most distant from the front lot line (see Appendix A).

Lot line, side means any lot line not a front or rear lot line. Where a lot has only three lot lines, those lot lines which do not front upon a street shall be deemed side lot lines (see Appendix A).

Lot orientation means the compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback.

Lot of record means a lot which is part of a subdivision plat which has been recorded in the office of the County Clerk of Tarrant County.

Main gates means the gate and entry way designed as the primary entrance for guests, residents, deliveries, employees, patrons, etc.

Manufactured home (HUD-code) means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Manufactured or mobile home rental community means a tract of land which is separated into two or more spaces or lots which are rented or leased or offered for rent or lease to persons for the installation of manufactured or mobile homes for use and occupancy as residences; provided that the lease or rental agreement is for a term of less than 60 months and contains no purchase option.

Manufactured or mobile home subdivision means a unified development of manufactured or mobile home sites on lots platted for such purposes, which lots may be sold to the owners of manufactured or mobile homes situated thereon, meeting all the requirements of applicable zoning and subdivision ordinances and designed to accommodate such homes on a permanent basis.

Median means a raised, curbed division between lanes of opposing traffic.

Mini-warehouses means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. No outside storage, sales, service, or repair activities, other than the rental of dead storage units, shall be permitted on premises.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.

Nonconforming structure means any building or structure that does not conform to the zoning district development standards and which lawfully existed prior to the adoption of the current zoning regulations by the city.

Nonconforming use means a use or activity on a parcel of land or portion thereof which was lawful prior to the adoption, revision, or amendment of the city codes; but, which fails, by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Non-depository financial institution. Any check cashing business, payday advance/loan business, or car title loan business as defined in this section. This definition excludes:

a.     A state or federally chartered bank, savings and loan association or credit union, or pawnshop; and

b.     A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75 percent of the total gross revenue generated on site.

Nudity or a state of nudity means a state of dress which fails to fully and opaquely cover the anus, genitals, pubic region, or perineum anal region, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the anus, genitals, pubic region, or perineum anal region, regardless of whether the nipple and areola of the human female breast are exposed.

One-way driveway means a driveway constructed to accommodate only one direction of traffic movement, either an entrance or exit.

Open space means an area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves and plant material.

Owner means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

Outdoor storage means an unenclosed, open to the sky area which is used for either the temporary or permanent placement of goods, supplies or equipment.

Outdoor storage, temporary residential means portable, weather-resistant containers designed and used for the temporary storage or shipment of household goods, wares, building materials, merchandise, or yard waste may be permitted. This term shall also include roll-off containers or storage containers. (Example of a roll-off container: city yard waste and debris containers or open/unclosed containers.) See subsection 84-85(a) for definitions and conditions associated with the use of accessory buildings in residential districts.

Parcel. See: Lot.

Parkway means the area between the curb line or edge of pavement of a street and the nearest right-of-way line of such street.

Party driveway means a single way providing vehicular access to two adjoining properties (see Appendix A).

Party wall means a common shared wall between two separate structures, buildings, or dwelling units (see Appendix A).

Payday advance/loan business. An establishment that makes small consumer loans, usually backed by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until a customer's next payday, and then cashed unless the customer repays the loan to reclaim such person's check. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate on the size of the loan amount.

Performance standards means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

Permanent cosmetic makeup studio. An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that cosmetics are applied within the facial lines on a permanent basis. This includes, but is not limited to: permanent eyeliner, eye shadow, or lip color. This term does not include a tattoo and/or body modification studio.

Perpetual maintenance agreement means an agreement made in which the city is made a party and in which a developer or contractor agrees to provide appropriate maintenance operations as specified in the agreement for an unspecified period of time usually consisting of the lifetime or duration of an identified project.

Permanent community open space means parks, school playgrounds, community centers, golf courses, parkways, water areas or similar areas which are dedicated to the city or which are created as private open space under a permanent agreement for maintenance and responsibility and accepted by the council after recommendation by the city attorney.

Planned development means a district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, business, office, recreational, and open space uses.

Plat means a scaled map that shows property boundaries, easements, dimensions, rights-of-way that encumber the property, and additional information as required by this chapter for the type of plat being prepared.

Plat, final means a legally binding instrument prepared by a licensed public surveyor in conformance with the approved preliminary plat and complying with the regulations outlined in this document and applicable state statutes which, if approved by the planning and zoning commission and city council may be submitted to the county clerk for recording.

Plat, preliminary means a plat, being prerequisite to the final plat and indicating the proposed layout of the development, which if approved by the proper review authority in accordance with the regulations outlined in this document, constitutes authorization to proceed with the final platting upon approval.

Plat, sketch means a rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Premises. See: Lot.

Primary emergency access means the drive or access point designed as the primary point of ingress/egress for emergency vehicles.

Private street developments means any development that contains a group of lots that have no frontage on publicly dedicated streets and are accessible by way of a private street or access easement.

Property owners association means a co-op or an association of owners organized for the purpose of owning, maintaining, administering and operating common facilities such as clubhouses, swimming pools and private streets, and to enhance and protect their common interests.

Public hearing means a meeting held prior to a specific action to allow the public an opportunity to receive information and to provide input. The meeting shall be conducted in accordance with proper procedure as stipulated by state and local laws regarding notification and due process.

Public improvements means any improvement, facility or service together with its associated easements, sites, or rights-of-way dedicated for public use, which is necessary to provide transportation, drainage, public utilities, emergency services, energy or similar essential services.

Public notice means the advertisement of a public hearing, as stipulated by state and local laws, in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

Replat means a change in an approved or recorded subdivision plat if such change affects any street layout or area reserved thereon for public use, or any lot line.

Return frequency storm means the probability that a given rainfall intensity will occur in any one given year.

Roll-down curb means also known as lay-down curb, a curb that by its construction has a slope of face such that it facilitates driving vehicles over the curb. Construction of roll-down curbs shall be in compliance with the standards as provided by the director of public works.

Rooming and boarding houses means an establishment, other than eleemosynary or other nonprofit institution, primarily engaged in renting rooms, with or without board, on a fee basis, to four or more persons not related by blood, marriage, or adoption.

Secondary emergency access means a drive or access point designed as a secondary or back-up means of ingress/egress for emergency vehicles.

Semi-nude or semi-nudity or state of semi-nudity means the exposure of the post puberty female nipple or areola, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the post puberty female nipple or areola, so long as the following anatomical areas of an individual are fully and opaquely covered: the anus, genitals, pubic region and the perineum anal region of the human body. The term “semi-nude” shall not apply to an individual exposing a post puberty female nipple or areola in the process of breastfeeding a child under that person's care.

Senior citizens-Assisted living means multifamily housing for seniors (55 or more years of age) in a variety of residential settings engaged in providing a range of residential and personal care services, such as assistance with medications and daily activities such as bathing and dressing, with on-site nursing care services.

Senior housing-Apartments means multifamily housing in a variety of residential settings for seniors (55 or more years of age) who live independently, but desire residential and personal care services without on-site nursing care facilities.

Setback means the distance between the lot line and the building line (see Appendix A).

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency, nude model studio, or other commercial enterprise for which the regular offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer constitutes 25 percent or more of the items in inventory and/or floor space of the sexually oriented business. The term shall also mean any commercial enterprise that self-identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency or nude model studio, regardless of whether the percentage of items in inventory and/or floor space constitute 25 percent or more of the total items in inventory and/or floor space.

Shopping center means a group of commercial establishments which are planned, developed, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.

Shrubs means plants which grow vertically in a multi-branched pattern.

Sign means any structure or part thereof, or any device attached to, painted on, or represented on a building, fence or other structure, upon which is displayed or included any letter, word, mode, banner, flag, permanent insignia, decoration, device, logo, design or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention getting device. See article IV of this chapter for specific sign definitions.

Site development standards means regulations controlling maximum density, height and impervious coverage; and minimum lot area and width, yard setbacks and floor area.

Spread of water means the quantity of stormwater that is allowed to collect in the streets before being intercepted by a storm drainage system.

Standard driveway means a single, undivided driveway opening providing for both entrance and exit traffic movements with horizontal characteristics of width and radii as determined by this chapter.

Storm. See: Return frequency storm.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it (see Appendix A).

Street, private means any vehicular access way under private ownership and maintenance, that has not been dedicated to and accepted by the city.

Street, public means any thoroughfare other than an alley which has been dedicated to the public for public use and has been accepted by the city and which affords primary access to abutting property.

Street line. See: Frontage, lot.

Structure means any man-made item constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, buildings, communications towers, signs and swimming pools, and excluding utility poles, parking lots, fences and retaining walls.

Structure, temporary means a building, not to exceed 500 square feet, used as a sales or construction management office, associated with an active development on platted property, and may only be allowed if a building permit has been issued for permanent construction on said property, or an application therefor has been submitted and is under review. A HUD-Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this section.

Subdivider means any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision.

Subdivision (or platting) means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.

Tattoo and/or body modification studio. An establishment where licensed personnel apply an indelible mark or figure to the human body by scarring, branding, body piercing any part of the human body with the exception of piercing the ear or the practice of acupuncture, or inserting a pigment under the skin using needles, scalpels or other related equipment in accordance with Chapter 146 of the Texas Health and Safety Code. A tattoo and/or body modification studio may include a permanent cosmetic makeup studio provided it is an accessory use to the tattoo and/or body modification studio and meets state licensing requirements for both a tattoo and/or body modification studio and a permanent cosmetic makeup studio.

Time of concentration means a measurement used in the design of storm drainage facilities which represents the longest time that will be required for a drop of water to flow from the upper limit of the drainage area to the point of concentration.

Tobacco products store. A retail establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances and includes any establishment that allows either the payment of consideration by a customer to the establishment for on-site delivery of tobacco, tobacco accessories or similar substances and products to the customer; and, the onsite smoking of tobacco or other substances. This definition shall be construed to include establishments known variously as retail tobacco stores, tobacco products shops, hookah cafes, tobacco clubs, tobacco bars, and similar establishments, but shall not include an establishment which derives more than 50 percent of its gross revenue from food, beverage, or gasoline fuel sales.

Trailer or mobile home park means a tract of land used to accommodate single-family manufactured dwellings as a place of residence. Such may be either a manufactured home rental community or subdivision.

Tree means a tree shall be defined and will qualify as such if either of the following are met:

(1)     A woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attaining a mature height of at least 15 feet.

(2)     A plant listed as a tree in “Arboriculture. Care of Trees, Shrubs & Vines in the Landscape,” by Richard W. Harris, 1983. Prentice-Hall, Inc., Englewood Cliffs, New Jersey.

Use means the purpose or activity for which land or a building is designed, arranged or intended or for which land or a building is or may be occupied or maintained.

Use, primary means the specific principal purpose for which land is used.

Use, temporary means a use which is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Variance means a deviation from the literal provisions of the zoning or platting regulations, as established in this code, which is granted by the zoning board of adjustment or city council, when strict conformity to the code would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted.

Yard means an open space, other than a court, between a building and the adjoining lots lines, unoccupied and unobstructed from the ground upward except as otherwise provided herein (see Appendix A).

Yard, front means a yard extending across the front of the lot between side lot lines and having a minimum horizontal depth measured from the front lot line as specified for the district in which the lot is located. On corner lots, the yard containing the designated primary entrance and on which the house address is listed shall be considered the front yard (see Appendix A).

Yard, rear means a yard extending across the rear of the lot between side lot lines and having a minimum horizontal depth measured from the rear lot line as specified for the district in which the lot is located. Where such yard abuts an alley, the depth of the rear yard may be measured from the center line of the alley. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard (see Appendix A).

Yard, street means the lot area which lies between the street right-of-way and the actual front wall line of the building and as imaginatively extended from the outward corners of the building, parallel to the street to the side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular building indentations.

On corner lots, the street yard shall consist of all lot area between both streets and their corresponding actual front building wall lines, as such lines are imaginatively extended in the manner described above.

When there are multiple buildings on a lot, the street yard shall consist of all the area between the street right-of-way and any imaginary line beginning at one side of the lot, running parallel to the street, connecting to the foremost corner of the building wall fronting the street and nearest such side lot line, then following and connecting the foremost walls of all buildings fronting the street, and then extending parallel to the street side lot line. If a building has a rounded front, the front building wall corners shall be the points closest to the side boundaries. Isolated buildings (i.e., fast food restaurants in a shopping center, photo processing drop-offs, bank drive throughs, etc.) shall not be considered in delineating street yards. On land used only for off-street parking purposes, the street yard shall consist of the entire lot (see Appendix A).

(c)     Amendments to definitions. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the city council after conducting a public hearing and receiving the recommendations and report of the planning and zoning commission on such amendments or additions.

(Ord. No. 1133, § 1(1-700), 3-22-94; Ord. No. 1177, § I, 5-23-95; Ord. No. 1445, §§ 1-4, 9-26-00; Ord. No. 1535, § 5, 6-25-02; Ord. No. 1692, § I, 5-31-05; Ord. No. 1708, § I, 9-27-05; Ord. No. 1806, § 1, 2-26-08; Ord. No. 1847, § 1, 4-28-09; Ord. No. 1977, § 1, 11-13-12; Ord. No. 1978, § 1, 11-13-12; Ord. No. 1976, § 1, 11-27-12)

   Secs. 84-8–84-19     Reserved

   ARTICLE II. ADMINISTRATION

   Sec. 84-20     Enforcement

The provisions of the unified development control document shall be administered, interpreted and enforced by the city manager or his designee.

(Ord. No. 1133, § 1(2-100), 3-22-94)

   Sec. 84-21     Compliance required

All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the regulations prescribed herein. Land used in meeting the requirements of this document with respect to a particular use or building shall not be used to meet the requirements for any other use or building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as an approval of a violation of the provisions of this document or of other ordinances of the City of Euless. Certificates presuming to give authority to violate or cancel the provisions of this document or of other ordinances of the jurisdiction shall not be valid.

(Ord. No. 1133, § 1(2-101), 3-22-94)

   Sec. 84-22     Certificate of occupancy required

(a)     Certificate required prior to occupancy. No building, or portion thereof, or parcel of land shall be used or changed in use until a certificate of occupancy shall have been issued by the city. Failure to comply with the provisions of this document shall result in the issuance of a citation and/or constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.

(b)     Connection to utilities. A certificate of occupancy shall be applied for and issued before occupancy and connection of utilities to such building, provided such construction or change has been made in complete conformity to the provisions of this document and other laws.

(1)     Temporary connection of utilities may be authorized by the administrator for the purpose of clean up, construction or other such purposes. Temporary connection of any utility shall be for a specified duration not to exceed 60 days and shall not be used for temporary occupancy.

(c)     Records. A record of all certificates of occupancy shall be maintained on file in the city and copies shall be furnished for a fee on written request to any person.

(d)     Contents of a certificate of occupancy. An application for a certificate of occupancy shall at a minimum contain the following information: Business name, business address, business phone number, type of use, business owner, business owner's address, business owner's phone number and emergency phone number, applicant's driver's license number, applicant's date of birth, and applicant's signature.

(e)     Fee. A fee sufficient to recover administrative cost and cost for inspecting for compliance will be assessed in accordance with city fee ordinance.

(f)     Other requirements. Requirements applicable to specific land uses and on-site situations are listed as follows:

(1)     Applicable land use districts. A current certificate of occupancy is required on all land, buildings, or portions thereof that are not designated as being located within a one- or two-family dwelling use.

(2)     Display of certificate of occupancy. A certificate of occupancy is required to be clearly displayed on the site and in a conspicuous place.

(3)     Certificate of occupancy kept current. A certificate of occupancy is required to be kept current reflecting any change of address, name changes, changes in ownership, or other pertinent information listed on the certificate.

(Ord. No. 1133, § 1(2-102), 3-22-94)

   Sec. 84-23     Project under construction at time of chapter adoption

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the city on the effective date of this document and which entire building shall be completed within one year from the effective date of the document or which building shall be maintained under continuous construction even though not completed within one year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within 180 days of the date of issuance of the permit and which entire building shall be maintained under continuous construction even though not completed within one year.

(Ord. No. 1133, § 1(2-103), 3-22-94)

   Sec. 84-24     Compliance with chapter required for building permits and/or utility service

No building or construction of a building or structure upon any tract, parcel or premise shall commence, and public utilities shall not be extended or connected to a building or structure unless the lot, tract, parcel or premise is in accordance with all the provisions and requirements of this unified development control document (chapter) and all applicable building permits and authorizations to proceed are first obtained.

(Ord. No. 1133, § 1(2-104), 3-22-94)

   Sec. 84-25     Violations and penalties

Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this document or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $2,000.00 for each violation. Each day a violation exists shall constitute a separate violation or offense. In order to enforce the provisions of the unified development control document, the city attorney is also authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.

(Ord. No. 1133, § 1(2-105), 3-22-94)

   Sec. 84-26     Platting regulations; general

(a)     Authority.

(1)     In addition to its other responsibilities, the Planning and Zoning Commission of the City of Euless (hereinafter “commission”) is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land plans, conveyance plats, preliminary plats, final plats, amended plats, replats, and vacations of plats.

(2)     The administrator is vested with the authority to approve minor plats (see section 84-405(a)(1)). The administrator may, for any reason, elect to present a minor plat to the planning and zoning commission for approval. The administrator may not disapprove a minor plat and shall refer any minor plat refused for approval to the planning and zoning commission within 30 days of the official date of application.

(b)     Variances, exceptions, and appeals to platting. The city council shall have the ultimate power to grant or reject variances or special exceptions to platting regulations which consist of articles IX, X, XI and XII of this chapter.

(1)     Findings of extraordinary hardships or practical difficulties. Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with the platting regulations or that the public interest may be better serviced by an alternative proposal, the council may approve a variance or special exception to the platting regulations of this chapter.

(2)     Grounds for variances or special exceptions. The city council shall not authorize variances or special exceptions unless it shall make findings based on the evidence presented to it in each specific case that:

a.     The granting of the variance or special exception will not be detrimental to the public safety, health, or welfare or injurious to other property;

b.     The conditions upon which the request for a variance or special exception is based are unique to the property for which the request is sought and are not applicable generally to other property;

c.     Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regulations are enforced;

d.     The variance will not in any significant way vary the provisions of this chapter, zoning map, or comprehensive master plan.

(3)     Petition requirement. A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for consideration. The petitioner shall state fully the grounds for the variance and all the facts to be relied upon in reaching a decision.

(c)     Burden of proof. The applicant shall have the burden of proving to the city council that the conditions supporting the allowance of a variance or special exception, as may apply and are set out in this section have been met.

(Ord. No. 1133, § 1(2-200), 3-22-94)

   Sec. 84-27     Variance, exceptions and appeals for zoning

A procedure is established in this section that allows the applicants and property owners within the corporate limits of Euless an opportunity to appeal and vary the zoning regulations provided herein. However, all variances, exceptions and appeals to zoning issues must be obtained in accordance with the procedures defined in this section.

(1)     Authority. This subsection defines the bodies that have authority over variations, changes, and adjustments to the zoning process of the city. The state has defined and legislated definite regulations and procedures regarding any variances to the adopted zoning ordinances of the city. Variances to zoning, which include article III, article IV, article V, article VI, article VII and article VIII of this unified development control document, are decided in a different manner than variances to the platting process. In fact the word “variance” implies different implications in the zoning process than it does in the platting process. The zoning board of adjustments, as described in this article, has been authorized by state statutes to hear and act on variances to the zoning ordinances of the city.

(2)     Burden of proof. The applicant shall have the burden of proving to the board of adjustment that the conditions supporting the allowance of a variance or special exceptions, as may apply and are set out in this section, have been met.

(3)     Conditions. The board or city council, as may apply, is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.

(4)     Creation of zoning board of adjustment. There is hereby created a board of adjustment to hear and decide requests for variances, exceptions and appeals to article III, article IV, article V, article VI, article VII and article VIII of this unified development control document.

a.     Board members. The board shall consist of five regular members and two alternate members who are residents of the city, each to be appointed by order of the council for a term of two years and removable for cause by the council upon written charges and after public hearing.

b.     Vacancies. The city council shall appoint all members of the zoning board of adjustment and shall fill vacancies for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made.

c.     Quorum. All cases to be heard by the board shall always be heard by a minimum of four members. Alternate members may participate in the discussion of any case before the board, however, shall not vote except in the absence of one or more regular members. Should one regular member be absent, then alternate one shall have right to vote. Should one regular member and alternate one or two or more regular members be absent, then alternate two shall have the right to vote.

d.     Required vote. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any zoning matter upon which it is required to pass under this code or to effect any zoning variance in such code.

(5)     Procedures of the board. The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or state law.

a.     Called meetings. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence, the acting chair, may administer oath and compel the attendance of witnesses.

b.     Public record. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the administrator and shall be of public record.

(6)     Appeal procedures. Appeals to the board may be taken by any person aggrieved or by any officer, department, or board of the city affected by any decision of the administrator.

a.     Filing appeal. Such appeal shall be taken within 15 days after the decision has been rendered by the administrator, by filing with the administrator from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The administrator from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.

(7)     Effect of appeal. The appeal stays all proceedings unless the administrative officer whose decision has been appealed certifies after notice of appeal that a stay would, in his opinion, cause imminent peril to life or property. If this statement is filed, then the administrative proceedings can be stayed only by a restraining order granted by the board or by a court. Such a stay will require an application, notice to the administrative officer, and showing of due cause.

(8)     Rehearing of appeals. Any person aggrieved, any officer, department, or board of the city, who has made proper application and has received action by the board regarding that application, may have that application reheard again before the board. However, such rehearing shall be in accordance with the following conditions:

a.     Time limitation. No appeal to the board for the same or related variance or exception on the same piece of property shall be allowed prior to the expiration of six months from the previous ruling of the board unless conditions relative to other property in the immediate vicinity, within the said six months period, have been changed or acted on by the board or council so as to alter the facts and conditions on which the previous board action was based.

b.     Change of circumstance. Such change of circumstances shall permit the rehearing of an appeal by the board, prior to the expiration of the six months period. However, such conditions shall in no way have any force in law to compel the board, after a hearing to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(9)     Hearing procedures. The board shall conduct a public hearing so that any interested party may appear in person or by agent or by attorney to voice opposition or support of any application.

a.     Building permit or certificate of occupancy. Any special exception or variance granted or authorized by the board under the provisions of this chapter shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless said board shall have in its action approved a longer period of time and has so shown such specific longer period of time in the minutes of its action.

b.     Expiration of building permit or certificate of occupancy. If the building permit and/or certificate of occupancy shall not have been applied for within said 90-day period or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.

(10)     Specific powers of the board of adjustment. The board of adjustment shall have the following specific powers:

a.     Hear and decide appeals. The board shall hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The board must find the following in order to grant an appeal:

1.     That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map;

2.     That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated;

3.     The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and intent of the city's zoning laws.

b.     Hear and decide special exceptions. The board shall hear and decide special exceptions to the terms of this chapter. The term “special exception” shall mean a deviation from the requirements of the zoning regulations herein established in this chapter. Special exceptions shall be granted only in the following instances, and then only when the board finds that such special exceptions will not adversely affect the value and use of adjacent or neighboring property or be contrary to the public interest:

1.     To approve the use of a lot or lots in a single-family residential district contiguous to (even if separated by a street or alley) a multifamily, business, office or manufacturing district for off-street parking of vehicles, subject to such standards and safeguards as are appropriate, for the protection of adjacent residential uses;

2.     Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard;

3.     Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure and provided that such actions conform to the provisions of the chapter;

4.     Initiate on its motion or cause presented by interested property owners action to bring about discontinuance of a nonconforming use in accordance with the appropriate provisions of the chapter;

5.     Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of the chapter;

6.     Permit the enlargement of or change in occupancy of a nonconforming use to another nonconforming use in accordance with the appropriate provisions of the chapter.

c.     Authorize variances. The board may authorize, upon appeal in the specific cases, variances from the terms of this chapter. Such variances shall not be contrary to the public interest and shall be such that substantial justice shall be done. Except as otherwise prohibited in this document hereof, the board is empowered to authorize a variance from a requirement of this document when the board finds that all of the following conditions have been met:

1.     That the granting of the variance will not be contrary to the public interest;

2.     That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. “Unnecessary hardship” shall mean physical hardship relating to the property itself as distinguished from hardship relating to convenience, financial considerations or caprice, and applicant or property owner's own actions;

3.     That by granting the variance, the spirit of this chapter will be observed and substantial justice will be done.

(11)     Revocation or modification. A variance or special exception may be revoked or modified for any of the following reasons:

a.     1.     That the variance or special exception was obtained or extended by fraud or deception;

2.     That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated;

3.     That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare.

b.     Revocation or modification of previously granted variance or special exception. An action to revoke or modify a previously granted variance or special exception may be initiated by order of the city council, the city manager, any member of the board, or the person who obtained the variance or special exception.

c.     Hearing of request. The board shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions.

(12)     Notice of board hearings. The board shall hold a public hearing on all appeals made to it. Written notice of such public hearing shall be sent to the applicant and all owners of real property, as the ownership appears on the approved city tax roll, lying within the city limits of the City of Euless and within 200 feet of the property, regardless of public rights-of-way and/or easements, on which the appeal is made (see Appendix A). Such notice shall be given not less than ten days prior to the date set for hearing. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing same in the official publication of the city at least ten days prior to the date set for hearing. Such notice shall state the time and place of such hearing.

(Ord. No. 1133, § 1(2-300), 3-22-94)

   Sec. 84-28     Amending the unified development control document

The unified development control document may be amended by action taken by the city council. The procedures for amending both the platting and zoning regulations are provided in this section.

(1)     Amending the platting and related public improvements regulations. Amendments to the platting and related public improvement regulations shall be subject to the standard rules, regulations and procedural requirements for amending the city Code.

(2)     Amending the zoning regulations. Amendments to the zoning text and map are defined very clearly by state law and differ from the normal process of amendments to the city Code. The process and requirements of zoning amendments are provided as follows:

a.     Procedures for amendments. Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the council for a change or amendment to the relevant provisions of the unified development control document or the commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of the zoning regulations of this document shall be on a form prepared and provided by the city and shall bear the signature of the owners of all property within the area of request.

b.     Commission hearings for zoning changes that affect specific property. These changes usually constitute changes to property boundaries as designated on the zoning map. The commission shall hold a public hearing, prior to making its recommendation to the council, on any application for an amendment, supplement or change to the zoning map or text of this chapter, which affects specific property. Written notice of all public hearings for a district boundary change shall be sent to all owners of real property lying within the city limits of Euless and within a radius of 200 feet of the property (including any public rights-of-way) on which the change is requested.

Such notice shall be given not less than ten days prior to the date set for the hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved city tax roll.

c.     Commission hearings for zoning changes that do not affect specific property. These changes are usually associated with textual changes. When any proposed amendment, supplement, or change of zoning map or text of this chapter does not affect specific property, notice of public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than ten days prior to the public hearing.

d.     Filing and fees. Each and every application for an amendment as provided in this section shall be filed with the administrator prior to being presented to council, and shall be accompanied by a filing fee in an amount as shall from time to time be set by the council, and payable to the city.

e.     City initiated changes. The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the text of the regulations herein. Before taking action on any such amendment, supplement or change, the council shall submit same to the commission for its recommendation.

f.     Council hearings. A public hearing shall be held by the council prior to adopting any proposed amendment, supplement or change to these regulations. At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city.

g.     Amendment under protest. If a proposed amendment, supplement or change to a zoning district boundary has been recommended to be denied by the commission, or if a written protest against such proposed changes has been filed with the city, duly signed and acknowledged by the owners of 20 percent or more of either the area included within such proposed change or the area within the city limits of Euless and within a radius of 200 feet of the proposed change, including public rights-of-way, such change shall not become effective except by a three-fourths vote of the city council.

h.     Standards for amendments. In reviewing applications for district amendments, the commission and council shall consider the following factors:

1.     Whether the proposed change would be contrary to the comprehensive general future land use plan;

2.     The suitability or unsuitability of the property as presently zoned and/or developed;

3.     The possible creation of an isolated district unrelated to adjacent and nearby districts;

4.     The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, or streets;

5.     Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

6.     Whether changed or changing conditions make the passage of the proposed amendment necessary;

7.     Whether the proposed change will adversely influence living conditions in the neighborhood;

8.     Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

9.     Whether the proposed change will create a drainage problem;

10.     Whether the proposed change will seriously reduce light and air to adjacent areas;

11.     Whether the proposed change will adversely affect property values in adjacent areas;

12.     Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

13.     Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

14.     Whether there are substantial reasons why the property cannot be used in accord with zoning; and

15.     Whether the change suggested is out of scale with the needs of the neighborhood or the community.

(Ord. No. 1133, § 1(2-400), 3-22-94)

   Secs. 84-29–84-49     Reserved

   ARTICLE III. NONCONFORMANCE

   Sec. 84-50     Purpose and intent

It is the purpose of this article that nonconforming uses and structures shall be eventually discontinued and the use of such premises shall be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming use.

Except as hereinafter provided, no nonconforming use of land or building, nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations.

(Ord. No. 1133, § 1(3-100), 3-22-94)

   Sec. 84-51     Types of nonconformity

(a)     Nonconformity of use. Any use of land or building which does not conform to the permitted use regulations prescribed in this chapter shall be deemed to be a nonconforming use.

(b)     Nonconformity of structure or building. Any building or structure which does not conform to the lot area, yard setback, impervious coverage, height, parking, loading, screening, access or other site development standards prescribed in this chapter shall be deemed to be a nonconforming structure.

(Ord. No. 1133, § 1(3-200), 3-22-94)

   Sec. 84-52     Recognition of nonconformity

(a)     A nonconforming status under the provisions of this chapter shall exist under the following circumstances:

(1)     Pre-existing to chapter. (A nonconformity shall exist) when a use or structure which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located and operating on the effective date of this chapter and has since been in regular and continuous use.

(2)     Pre-existing at annexation. (A nonconformity shall exist) 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 constructed, located and operated at the time of annexation to the city and has since been in regular and continuous use.

(b)     Right-of-way acquisition by governmental agency.

(1)     Definitions. As used in this subsection, the following terms shall have the respective meanings ascribed to them:

a.     Building official shall mean the building official of the City of Euless, Texas or his designee.

b.     City manager shall mean the city manager of the City of Euless, Texas or his designee.

c.     Damages to the remainder shall mean the diminution or reduction of value of the remainder property suffered as a result of the acquisition of portion of a property for public right-of-way.

d.     Governmental agency shall mean the United States of America, State of Texas, County of Tarrant, City of Euless, or any other governmental agency with the power to acquire property through the exercise of eminent domain under federal or state laws.

e.     Right-of-way acquisition shall mean the securing of right-of-way through negotiation, purchase, bargain, trade, donation, eminent domain, or other means but not including the dedication of right-of-way through the platting or zoning processes.

(2)     Exemption from nonconforming status.

a.     Except as otherwise provided in this section, in the event a right-of-way acquisition by a governmental agency causes a property or its existing improvements to be in violation of then existing development provisions of this chapter, the city manager is authorized to exempt the property from the provisions of this chapter to the extent the violation is caused by the right-of-way acquisition, subject to the provisions set forth in this section. Upon approval of such exemption, the property shall be considered to be in conformity with the development regulations of this chapter and shall not be subject to the provisions of this article regarding registration, termination, changing or other limitations on nonconforming uses.

b.     The owner of property eligible for exemption under this subsection may apply to the city manager for approval of an exemption. The city manager may grant an exemption, in whole or in part, from the requirements of otherwise applicable development regulations, after taking into consideration the following factors:

1.     Whether the benefits to the public from exempting the property from the development regulations outweigh any adverse effects that might be caused by noncompliance with such regulations;

2.     Whether the exemption will cause the property to be inadequately served by utilities, road access, drainage and other necessary supporting facilities;

3.     Whether the location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or the use of adjacent properties;

4.     Whether the approval of the exemption will impede the normal and orderly development and improvement of neighboring vacant property;

5.     Whether the use of the property will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity;

6.     Whether there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties;

7.     Whether the property remaining after the right-of-way acquisition is reasonably configured to allow compliance with the applicable development regulations that are not covered by the exemption;

8.     Whether the owner of the property has made reasonable efforts to meet the development standards applicable to the property;

9.     Whether the cost to bring the property into compliance would be unreasonable compared to the benefits that would be gained from doing so.

c.     In approving an exemption under this subsection, the city manager may place reasonable terms, conditions, or limitations on the exemption as deemed necessary to protect the public health, safety or welfare or that otherwise limit the adverse impact of the property. The city manager may revoke an exemption if he determines that the property fails or has ceased to be in compliance with any terms, conditions or limitations that are placed on the exemption.

d.     In granting an exemption under this subsection, the city manager may authorize the relocation of existing signs that were in compliance with city sign regulations prior to the acquisition of the right-of-way but are required to be moved because of their location within the acquired right-of-way. The city manager shall determine a location on the property for the relocation of the signs that minimizes the impact of the signs on traffic safety, aesthetics, and the use and enjoyment of adjacent properties.

e.     Property shall not be eligible for exemption under the following circumstances:

1.     Zoning change. An exemption shall not be valid on property that undergoes a zoning change initiated by the property owner subsequent to the right-of-way acquisition; instead, the property shall have a nonconforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning, and shall be treated as a nonconforming use or structure pursuant to the provisions of this article. A zoning change initiated by the city shall not cause property to lose the exemption provided by this subsection.

2.     Compensation for noncompliance. The exemption shall not apply to property if the right-of-way acquisition is determined to render the remainder of the property unusable pursuant to agreement with the governmental agency or judicial determination, and the governmental agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary to bring the property into compliance with the development regulations of this chapter.

3.     Safety hazard. An exemption shall not be granted to any development regulation if doing so would create a traffic safety hazard or other life safety hazard on the property or adjacent thereto.

f.     The approval or denial of an exemption by the city manager may be appealed, in whole or in part, to the board of adjustment in accordance with the procedures set forth in section 84-27 of this chapter.

g.     Property not eligible for an exemption under this subsection may still be eligible for a variance under the procedures set forth in section 84-27 of this chapter.

(c)     Process to be followed if property is in noncompliance.

(1)     For property in which an exemption is not granted, the city manager, building official or other authorized city official is authorized to:

a.     Provide notice to any affected property owner, lien holder, and/or certificate of occupancy holder, listing any items of noncompliance;

b.     Revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation; and

c.     File an affidavit in the county deed records noting the item(s) of noncompliance, and that a certificate of occupancy shall not be reissued until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, an affidavit shall be filed in the county deed records noting such compliance.

(Ord. No. 1133, § 1(3-300), 3-22-94; Ord. No. 1917, § 2, 6-28-11)

Editor's note–Ord. No. 1917, § 2, adopted June 28, 2011, changed the title of § 84-52 from Status of nonconformity to recognition of nonconformity.

   Sec. 84-53     Registration of nonconforming uses

The user or owner of all nonconforming uses of land or buildings shall, within 18 months of the effective date of this chapter, register such nonconforming use by obtaining from the city a certificate of occupancy (nonconforming). Such certificate of occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use as contrasted to an illegal use or violation of this chapter. The city shall maintain a register of all certificates of occupancy issued for nonconforming uses.

(Ord. No. 1133, § 1(3-400), 3-22-94)

   Sec. 84-54     Termination of nonconforming uses

It is the intent of this chapter that nonconforming uses eventually be discontinued having due regard for the investment. Conditions that would require nonconforming uses to be terminated are provided below.

(1)     Remodeling and enlarging. A nonconforming use may be occupied, used and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided.

(2)     Right to operate. The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:

a.     Abandoned use of structure. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this chapter. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued, or which remains vacant, for a period of six months shall be considered abandoned.

b.     Violation of provisions. Whenever there is a violation of any of the provisions of this chapter or violation of any ordinance of the city with respect to a nonconforming use.

c.     Conformance by rezoning. Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district.

d.     Conformance by change of use. Whenever a nonconforming use is changed to a conforming use under the provisions of this chapter.

e.     Destroyed or damaged structure. Whenever the structure in which a nonconforming use is housed, operated or maintained is destroyed or damaged by fire or other causes to the extent of more than 51 percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate.

f.     Termination by board. Whenever the right to maintain or operate a nonconforming use is terminated by the board in accordance with the provisions of this chapter.

g.     Approval of specific use permit. Any use which is permitted as a specific use permit by the city council in accordance with the provisions of this chapter shall, upon its establishment, be considered a conforming use in that zoning district and shall not thereafter be changed back to a nonconforming use, provided that this regulation shall not be so interpreted as to waive any conditions placed on the specific use permit by the city council. Whenever a specified term for a specific use permit has expired, the use shall not be deemed to be a nonconforming use and the property may only be used for a use permitted in the applicable zoning district unless an extension of the term of the specific use permit is approved by the city council. If a specific use permit is revoked in accordance with section 84-157, the use shall not be deemed to be a nonconforming use and the property may only be used for a use permitted in the applicable zoning district.

(Ord. No. 1133, § 1(3-500), 3-22-94; Ord. No. 2128, § 1, 8-16-16)

   Sec. 84-55     Changing nonconforming uses

Changes from nonconforming uses to conforming uses may be approved administratively, however, changes that do not eliminate nonconforming uses shall be considered by the board of adjustments and may be authorized only upon the board's finding that the change conforms to the intent of this chapter and is in the public's interest.

(1)     Changing to conform. 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.

(2)     Granting of change. The board may grant a change of use from one nonconforming use to another nonconforming use provided such changes are to a use permitted in a zoning district where the original nonconforming use would be permitted or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a nonconforming use. Upon review of the facts, the board may establish a specific period of time for the return of the occupancy to a conforming use.

(3)     Approval to remodel and/or enlarge. The board may approve the remodeling and/or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use.

(Ord. No. 1133, § 1(3-600), 3-22-94)

   Sec. 84-56     Limitations on changing nonconforming uses

Certain changes to nonconforming uses shall not be authorized by the board of adjustment and are identified below.

(1)     Changing to another nonconforming use. No nonconforming use shall be changed to another nonconforming use which requires more off-street parking or loading spaces than the original nonconforming use unless additional off-street parking or loading spaces are provided so as to comply with the requirements of this chapter.

(2)     Maintenance of dwelling unit density. The number of dwelling units in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units existing on the effective date of this chapter.

(3)     Changes occurring off-site. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this chapter except to provide off-street loading or parking spaces upon approval of the board.

(4)     Other ordinances. All nonconforming uses being expanded under the provisions of the ordinance shall comply with all other applicable provisions of this chapter.

(Ord. No. 1133, § 1(3-700), 3-22-94)

   Sec. 84-57     Termination of nonconforming structures

The right to use and maintain a nonconforming structure shall cease whenever any of the following actions occur.

(1)     Damage or destruction. In the event of damage or destruction of a nonconforming structure to the extent of 51 percent of the replacement cost, such structure may be rebuilt only after public hearing and favorable action by an affirmative vote of four members of the board.

(2)     Demolition. Whenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the board, the right to operate, occupy, or maintain such structure may be terminated by action of the board and such structure shall be demolished.

(Ord. No. 1133, § 1(3-800), 3-22-94)

   Sec. 84-58     Use of nonconforming structures

Use, occupancy, remodeling and maintenance of nonconforming structures is hereby authorized subject to the following regulations.

(1)     Enlarging, remodeling and occupying. Any nonconforming structure may be enlarged, remodeled, occupied, used and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended so as to increase the nonconformity with any of the provisions of this chapter.

(2)     Certificate of occupancy and compliance. Where a nonconforming use is located in a structure which is nonconforming, the use may be changed to another conforming use by securing a certificate of occupancy and compliance.

(Ord. No. 1133, § 1(3-900), 3-22-94)

   Sec. 84-59     Amortization of nonconforming uses and structures

(a)     The board, upon the request of the city or the owner of property upon which is located a nonconforming structure or use, shall initiate an action to bring about the discontinuance of the nonconforming use or the removal of a nonconforming structure, or both, by a date certain.

(b)     The board shall conduct a hearing for the purpose of determining a date certain for termination of the nonconforming use or removal of the nonconforming structure, or both, with respect to the property. If such action is initiated by the city, prior notice of such hearing shall be given to the property owner.

(c)     The date established for termination of the nonconforming use or removal of the nonconforming structure is to give the property owner an opportunity to recover its investment in the nonconforming structure or use from the time such property or structure became nonconforming.

(d)     The board shall measure the reasonableness of the opportunity for recoupment of the property owners investment by conditions existing at the time such use or structure became nonconforming.

(e)     The following factors must be considered by the board in determining a reasonable amortization period:

(1)     The owners capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) made on the property before the time the use, the structure, or both, as applicable, became nonconforming. Costs of replacements, improvements or additions made after the structure or use became nonconforming shall not be included.

(2)     Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)     Any return on investment since inception of the use, or construction of the structure, including net income and depreciation.

(4)     Recovery of investment, including net income and depreciation.

(5)     General character of the neighborhood in proximity to the nonconforming use or structure and the necessity for all property within the City of Euless to conform to the regulations of the unified development code of the City of Euless.

(f)     Once the board establishes a compliance date for a nonconforming use, the use must cease operations on or before that date and it may not operate thereafter unless it becomes a conforming use.

(g)     Once the board establishes a termination date for a nonconforming structure, the structure must be completely removed from the property by that date, by demolition or otherwise, and such structure may not be reconstructed or relocated in any other location in the city where it would not be in conformance with all provisions of the unified development code then in effect.

(Ord. No. 1341, § I, 12-8-98; Ord. No. 1440, § I, 8-8-00)

   Secs. 84-60–84-79     Reserved

   ARTICLE IV. ZONING DISTRICT REGULATIONS

   Division 1. Generally

   Sec. 84-80     Zoning districts established

In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the City of Euless is hereby divided into the following zoning districts or classifications:

R-1C Single-family custom dwelling district.

R-1 Single-family dwelling district.

R-1L Single-family limited dwelling district.

R-1A Single-family attached dwelling district.

R-2 Two-family dwelling district.

R-3 Low density multiple-family dwelling district.

R-4 Medium density multiple-family dwelling district.

R-5 High density multifamily dwelling district.

MH Mobile home dwelling district.

C-1 Neighborhood business district.

C-2 Community business district.

TX 10 Texas Highway 10 multi-use district.

L-1 Limited industrial district.

I-1 Light industrial district.

I-2 Heavy industrial district.

PD Planned development district.

(Ord. No. 1133, § 1(4-100), 3-22-94)

   Sec. 84-81     Zoning map adopted

Zoning districts established by this chapter are bounded and defined as shown on the official zoning map of the city, which, together with all explanatory materials contained herein, is hereby made a part of this chapter. In interpreting the official zoning map, the following rules shall apply:

(1)     Location of district boundaries. The district boundaries are the centerline of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the center line of such street or alley shall be construed to be the boundary of the district.

(2)     Undimensioned district boundaries. Where the district boundaries are not otherwise indicated by dimensions, and where the property has been or may hereafter be subdivided, district boundaries shall be construed to be the lot lines, and where the district designated on the official zoning map is bound approximately by lot lines, the lot lines shall be the boundary of the district.

(3)     Unsubdivided property. In unsubdivided property, the district boundary lines on the official zoning map shall be determined by use of the scale appearing on the map. However, in cases of conflict, the recorded metes and bounds description shall be used in determining district boundary lines.

(Ord. No. 1133, § 1(4-200), 3-22-94)

   Sec. 84-82     District boundary uncertainty

If after application of the aforementioned rules, uncertainty still exists with respect to the boundaries of the various district as shown on the official zoning map, the conflict shall be resolved by utilizing the appeal power of the board of adjustment as set forth in section 84-27(10) of this chapter. If, because of error or omission in the official zoning map, any property in the city is not shown as being in a zoning district, such property shall be classified as R-1, single-family detached residential.

(Ord. No. 1133, § 1(4-201), 3-22-94)

   Sec. 84-83     Annexation zoning procedures

(a)     Temporary zoning. All territory annexed to the city hereafter shall be temporarily designated as R-1, single-family detached dwelling district, until permanently zoned by the council.

The commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedures to be followed shall be the same as is provided by law for the amendment of the zoning ordinance.

(b)     Construction in annexed areas with temporary zoning. In an annexed area temporarily classified as R-1, no construction of a building other than those allowed in a R-1 district shall be permitted unless such construction has been specifically authorized by council and a permit issued.

Construction of buildings other than those permitted in R-1 district may be authorized in newly annexed areas prior to permanent zoning in the following manner.

(1)     Application required. An application for any use shall be made to the administrator: said application shall show the use contemplated, a plat showing the size of the lot or tract of land proposed to be used, and the location, size and type of buildings proposed to be constructed.

(2)     Referral by administrator. Such application shall be referred by the administrator to the commission for consideration.

(3)     Commission recommendation. The commission shall make its recommendation to the council after giving due consideration to the land use plan for the area in which the application is located.

(4)     Council action. Whenever such a recommendation is filed with the council, it shall be advisory only and the council may grant or deny the application as the facts may justify.

(5)     Building permit. If approved by the city council the applicant may apply for a building permit provided the building permit application is consistent with city council authorization.

(Ord. No. 1133, § 1(4-300), 3-22-94)

   Sec. 84-84     Permitted uses table

Only those uses listed in the following permitted use table shall be permitted and then only in the district(s) specified with a “P” or “S” as described below.

(1)     Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses permitted in the zoning district classification for the site subject to compliance with parking regulations, site development standards, special conditions and all other requirements of this chapter.

(2)     Permitted primary uses. No primary use shall be permitted in any district unless the letter “P” or the letter “S” appears opposite the permitted primary use as listed in Table 4-A.

a.     Permitted uses. The letter “P” means the use is permitted in that zoning district as a use by right subject to providing off-street parking as referenced in the “parking” column and required in Table 5-A and subject to compliance with all of the conditions referenced in the “special” column on the far right and described in section 84-85.

b.     Specific use permit. The letter “S” means the use is permitted in that zoning district only after obtaining a “specific use permit” as set forth in Table 4-A, and subject to providing off-street parking as referenced in the “parking” column and required in Table 5-A and subject to compliance with all of the conditions referenced in the “special” column and described in section 84-85.

(3)     Uses not listed. Uses not listed in Table 4-A may be permitted in any district where similar uses are permitted upon receiving a permit there for from the administration. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with permitted uses in the district, and similar in traffic-generating capacity, noise, vibration, dust, odor, glare and other characteristics.

(4)     Accessory uses. A use which is customarily incidental to the primary use, which is located on the same lot or premise as the primary use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use.

(5)     Definition of uses. The group description in the 1987 Standard Industrial Classification (SIC) Manual, prepared by the Statistical Policy Division for the United States Office of Management and Budget, shall be used to determine the classification of primary uses when reference is made in Table 4-A to a designated SIC code number. Such manual shall be filed in the office of the administrator for public inspection during business hours.

(6)     Temporary uses. The city council may approve the operation of temporary uses on any property for a specific period of time. Such temporary uses are typically associated with an already existing use and are subject to review to ensure adequate facilities exist or will be provided to serve the public and employees of the temporary use.

a.     Permit required. Temporary uses such as a carnival, concrete or asphalt batch plant, seasonal, parking lot, sidewalk, truckload and other temporary sales of merchandise may be permitted provided a temporary use permit is first obtained from the city council.

b.     Effective period. No temporary use permit shall be valid for more than 90 consecutive days and shall be subject to any and all restrictions, requirements, and safeguards established by city council at the time the temporary use permit is considered.

c.     Restrictions and requirements. Such restrictions, requirements or safeguards may include, but are not limited to, hours of operation, duration of the use, parking, setbacks, signage and any other requirement deemed necessary to protect the general welfare of the community and minimize negative impacts on adjacent properties.

(7)     Temporary structures. The building official may approve a permit for a temporary structure. Such temporary structures are typically associated with an active development on platted property, for which a building permit for permanent construction on said property has been issued, or an application therefor has been submitted and is under review. A HUD-Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this chapter.

a.     Permit required. Temporary structures may be permitted provided a temporary structure permit is first obtained from the building official or his designee.

b.     Effective period. A temporary structure may be used only during actual construction, for a period not to exceed two years. Separate approval may be considered by the building official if actual construction exceeds two years.

c.     Restrictions and requirements.

1.     Two site plan drawings shall be submitted;

2.     All setback requirements and easement restrictions must be followed. The facility shall comply with all TAS requirements for ADA (i.e. ramps, door knobs, etc.);

3.     Must have ground anchors every ten foot along length of structure;

4.     Structure shall have skirting around entire perimeter of trailer to conceal undercarriage and be properly landscaped;

5.     A temporary three-foot wide sidewalk is required from the structure to the curb;

6.     The structure must be kept clean and free of trash and debris at all times;

7.     No outside storage or other buildings shall be placed on lot;

8.     Plans shall be approved by the building official or his designee;

9.     If water and sewer are connected, inspections are required and all contractors shall be registered;

10.     The contractor agrees to move the structure within 30 days upon request from the building official due to complaints;

11.     The temporary structure shall be removed prior to the final certificate of occupancy being issued or final inspection performed.

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Table 4-A. Permitted Primary Uses

(Ord. No. 1417, § 1, 3-28-00; Ord. No. 1418, § 1, 3-28-00; Ord. No. 1445, § 6, 9-26-00; Ord. No. 1535, § 4, 6-25-02; Ord. No. 1609, § 1, 10-28-03; Ord. No. 1634, § I, 3-23-04; Ord. No. 1789, § 1, 9-11-07; Ord. No. 1806, § 2, 2-26-08; Ord. No. 1826, § 1, 9-9-08; Ord. No. 1833, §§ 1-6, 10-28-08; Ord. No. 1977, § 2, 11-13-12; Ord. No. 1978, § 2, 11-13-12; Ord. No. 1976, § 2, 11-27-12)

EXHIBIT A

“TX-121” 121 GATEWAY DISTRICT USE TABLE

Empty = Not a Permitted Use

P = Permitted Use

S = Permitted Use with a Specific Use Permit

T = Temporary Use Approved by City Council

SIC Code

Primary Use

 

Parking Group

Table 5-A

Special Condition Sec. 84-85

 

AGRICULTURAL ACTIVITIES

   

0181

Plant Nurseries-Non-Retail

S

14

o

0191

General Farming

P

 

g

01**

Agricultural Production-Crops

P

 

g

0212

Beef Cattle, except feed lots

P

 

g

0272

Horses and other Equines

P

 

g

02**

Agricultural Production-Livestock and Animal Specialties

S

 

g

0781

Landscape Designers with outside storage

S

8

 

0781

Landscape Designers with inside storage

P

8

 

10**

Metal Mining

S

  

13**

Oil and Gas Extraction

S

  

14**

Nonmetallic Mineral Mining

S

  
 

RESIDENTIAL ACCOMMODATIONS

   

****

Single-family Dwellings (Detached)

P

3

l

****

Single-family Dwellings (Attached)

S

3

w

****

Limited Access Developments

S

 

ag

****

Residential Accessory Uses

P

 

a,b,t

****

Private Street Developments

S

3

af

****

Home Occupations

P

 

n

6513

Retirement Housing

S

1

 

7011

Bed and Breakfasts

S

1

ad

7011

Hotels and Motels

S

1

ad

7021

Independent Living

S

3

 

7041

Membership Hotels and Lodging Facilities

S

1

 

8361

Senior Citizens Assisted Living

S

1

 
 

INSTITUTIONAL AND EDUCATION FACILITIES

   

****

Accessory Residential with Educational Facilities

S

2

 

805*

Nursing and Personal Care Facilities

S

22

 

8062

Hospitals

P

22

 

8211

Elementary Schools (Private)

S

19

 

8211

Elementary Schools (Public)

P

19

 

8211

Middle or Junior High Schools (Private)

S

18

 

8211

Middle or Junior High Schools (Public)

P

18

 

8211

Secondary or Senior High Schools (Private)

S

17

 

8211

Secondary or Senior High Schools (Public)

P

17

 

8221

Colleges or Universities (Public or Private)

S

16

d

8231

Libraries and Information Centers

P

7

 

824*

Vocational and Correspondence Schools

S

16

 

8299

School and Educational Services, Not Elsewhere Classified

S

16

 

8322

Community Center-Outdoor

S

23

 

8322

Community Center-Indoor

P

23

 

8351

Day Care and Nursery Facilities (more than five children)

S

20

h

8351

Day Care and Nursery Facilities (five or fewer children)

P

20

h,n

83**

Social Services (other than below)

S

6

 

8412

Museums, Galleries

S

9

 

8422

Botanical Gardens

S

9

 

8661

Churches and Other Places of Worship

S

23

 

86**

Nonprofit Private Membership Organizations

S

8

 

91**

Federal, State, and Local Government Uses

S

8

 
 

PUBLIC UTILITY AND COMMUNICATION FACILITIES

   

48**

Antennas

S

  

48**

Telecommunications Facilities and Broadcast Stations (manned)

S

8

 

48**

Telecommunications Facilities and Broadcast Stations (unmanned) (with screening)

S

  

4899

Radar Stations

S

20

 

4899

Satellite Reception Dishes (< 3 ft. dia.)

P

 

s

4899

Satellite Reception Dishes (> 3 ft. dia.)

S

 

s

4911

Electrical Generating Plants and Electrical Substations

S

20

q

4939

Utility Transmission Facilities (High Voltage, Petroleum, etc.)

S

 

q

493*

Public Utility Supply and Storage Yards

S

20

q

4941

Private Lift Stations

S

  

4941

Water Storage, Control, and Pumping Facilities

S

 

q

4941

Water Purification Facilities

S

 

q

4952

Wastewater Pumping Facilities

S

 

q

 

OFFICE USES

   

60**

Depository Institutions except Drive Through

P

8

 

60**

Drive Through Depository Institutions

S

8+28

 

61**

Nondepository Credit Institutions

P

8

 

6099 or 614*

Nondepository financial institution as defined in Sec 84-7

 

8

 

62**

Security Brokers and Commodity Brokers

P

8

 

64**

Insurance Agencies

P

8

 

65**

Real Estate Agencies

P

8

 

807*

Medical and Dental Laboratories

P

6

 

808*

Outpatient Care Facilities

P

6

 

80**

Health-Related Professional Services (other than below)

P

6

 

81**

Legally-Related Professional Services

P

8

 

871*

Design-Related Professional Services

P

8

 

872*

Financially-Related Professional Services

P

8

 
 

RETAIL TRADE

   

****

Temporary Retail Uses

T

6

 

5211

Lumber, Building Materials (indoor only)

P

9

 

5211

Lumber, Building Materials (open storage)

S

9+14

 

5231

Paint, Glass and Wallpaper Stores

P

6

 

5251

Hardware Stores

P

6

 

5261

Lawn and Garden Centers

S

6

z

53**

General Merchandise Stores

P

6

 

54**

Food Stores

P

6

 

5511

Motor Vehicle Dealers (new and used)

S

15

ah

5531

Auto and Home Supply Stores (indoor only)

P

6

 

5541

Gasoline Sales/Convenience Stores

S

21

 

5551

Boat Dealers

S

15

ah

5561

Recreational Vehicle Sales or Rental

S

14

ah

5571

Motorcycle Dealers

S

9

 

5599

Utility Trailer Sales or Rental

S

14

ah

56**

Apparel and Accessory Stores

P

6

 

57**

Furniture and Home Furnishings Stores

P

9

 

5812

Eating Establishments (drive through)

S

5

j, ab

5812

Eating Establishments (except drive through)

P

4+28

j, ab

5812

Food Caterers (Commercial)

S

8

 

5812

Food Caterers (Retail)

P

8

 

5912

Drug Stores and Proprietary Stores (excluding Novelty Stores)

P

6

x

5921

Packaged Alcoholic Beverages (for off-premises consumption)

P

6

ab

5932

Used Merchandise Stores

S

6

 

5932

Consignment and Antique Stores/Dealers (indoor sales only)

S

6

 

5941

Sporting Goods Stores and Bicycle Shops

P

6

 

5942

Book Stores (General)

P

6

 

5943

Stationery Stores

P

6

 

5944

Jewelry Stores

P

6

 

5945

Hobby, Toy, and Game Shops

P

6

 

5946

Camera and Photographic Supply Stores

P

6

 

5947

Gift and Souvenir Shops (excluding Novelty Shops)

P

6

 

5948

Luggage and Leather Goods Stores

P

6

 

5949

Sewing, Needlework and Piece Goods-Retail

P

6

 

5992

Florists

P

6

 

5993

Cigar Stores

P

6

x

5994

News Dealers

S

6

 

5995

Optical Goods Stores

P

6

 

596*

Nonstore Retailers

S

14

 

5999

Miscellaneous Retail Stores, Not Elsewhere Classified

S

6

 
 

PERSONAL SERVICES

   

4119

Park and Ride Commuting Facilities

S

  

472*

Travel Agents

P

8

 

7212

Garment Pressing and Agents for Laundry or Dry Cleaning

P

8

 

7213

Linen Supply

P

11

 

7215

Coin-Operated Laundries and Cleaners

P

24

 

7216

Dry Cleaning Plants

S

11

 

7217

Carpet and Upholstery Cleaning

P

11

 

7218

Industrial Launderers

S

11

 

7219

Diaper Services

P

11

 

7221

Photographic Studios, Portrait

P

8

 

7231

Beauty Shops

P

8

 

7231

Permanent makeup cosmetic studio

P

8

 

7241

Barber Shops

P

8

 

7251

Shoe Repair and Shine Shops

P

8

 

7299

Miscellaneous Personal Services, Not Elsewhere Classified

S

8

 

7299

Tattoo and/or body modification studio

 

8

al

7631

Watch, Clock, and Jewelry Repair

P

6

 
 

BUSINESS SERVICES

   

****

Phone Banks

S

20

 

7311

Advertising Agencies

P

8

 

7312

Outside Advertising Services (other than below)

S

8

 

7312

Outside Advertising Services (office facilities only)

P

8

 

732*

Consumer Credit Reporting and Collection Agencies

P

8

 

733*

Reproduction and Stenographic Services

P

8

 

734*

Services to Dwellings and Other Buildings (with outside sales)

S

11

 

734*

Services to Dwellings and Other Buildings (no outside sales, storage or display)

P

11

 

736*

Personnel Supply Services

P

8

 

7378

Computer Maintenance and Repair

P

8

 

737*

Computer and Data Processing Services

P

8

 

7381

Detective Agencies and Protective Services

P

8

 

7383

News Syndicates

P

8

 

7384

Photo Finishing Laboratories

P

8

 

7389

Call Centers

P

20

 

7389

Trading Stamp Services

P

8

 

7389

Business Services, Not Elsewhere Classified

S

8

 

7521

Commercial Parking Lots

S

  

7629

Electronic Equipment Repair

P

8

 

8734

Commercial Testing Laboratories

P

8

 

87**

Management, Engineering, Accounting, Consulting, or Public Relations

P

8

 
 

AUTOMOTIVE SERVICES

   

7514

Passenger Car Rental (with on-site vehicle storage)

S

15

 

7515

Passenger Car Leasing (with on-site vehicle storage)

S

15

 

7521

Parking Structures

P

  

7532

Top and Interior Repair

S

9

u

7534

Tire Repair

S

9

u

7538

General Automotive Repair

S

9

c, u

7542

Carwashes (Full Service)

S

27

c

 

AMUSEMENT AND RECREATIONAL SERVICES

   

781*

Motion-picture Production

P

10

 

782*

Motion-picture Distribution

P

10

 

7832

Motion-picture Theaters (except Drive In)

S

23

 

7841

Video Rental

P

6

 

7911

Dance Halls and Clubs

S

8

 

7911

Dance Studios and Schools

S

8

 

792*

Theatrical Producers, Bands, and Entertainers (Agents)

P

8

 

793*

Bowling Centers

S

26

 

794*

Commercial Sports Clubs and Race Tracks

S

23

 

7991

Health Clubs or Fitness Centers

P

5

 

7992

Public Golf Courses

S

25

i, m

7993

Coin Operated Amusement Devices and Arcades

S

6

ac

7996

Amusement Parks

S

6

 

7997

Membership Sports and Recreation Clubs

S

6

 

7997

Accessory Game Courts (Private)

S

6

 

7999

Golf Driving Ranges

S

25

i

7999

Miniature Golf Centers

S

25

 

7999

Pool Halls and Billiards Parlors

S

26

 

7999

Swimming Pools (Private Residential)

P

 

v

7999

Swimming Pools (Private Non-Residential)

S

 

v

7999

Amusement Services, Not Elsewhere Classified

S

6

 
 

TRUCKING/WAREHOUSING AND WHOLESALE TRADE

   

****

Recycling Drop-Off Container

S

  

4215

Courier Services (office generated only)

P

8

 

4225

General Warehousing (except Self Storage Facilities)

S

13

 

4225

Office Showroom/Warehouse

P

6/12

 

4731

Freight or Cargo Agents (office only)

P

8

 

4731

Freight or Cargo Agents (kiosk)

P

20+27

 

50**

Durable Goods (excluding 5052 and 5093) (indoor only)

P

12

 

50**

Durable Goods (excluding 5052 and 5093) (with outdoor storage)

S

12+14

 

51**

Nondurable Goods (excluding 515*, 516*, and 517*)

S

12

 
 

TRANSPORTATION FACILITIES

   

41**

Transit and Highway Passenger Facilities

S

12

 

43**

U.S. Postal Service

P

12

 

46**

Pipelines

S

12

 

9221

Police Station

S

6

 

9224

Fire Station

S

8

 

Note: No sexually oriented businesses of any kind will be allowed in this district.

(Ord. No. 1133, § 1(4-400), 3-22-94; Ord. No. 1177, §§ III, V, 5-23-95; Ord. No. 1228, § 1, 2-11-97; Ord. No. 1232, § 1, 4-8-97; Ord. No. 1235, §§ 1, 2, 6-10-97; Ord. No. 1255, § 1, 10-14-97; Ord. No. 1310, § II, 9-8-98; Ord. No. 1417, § 1, 3-28-00; Ord. No. 1418, § 1, 3-28-00; Ord. No. 1609, § 2, 10-28-03; Ord. No. 1692, § II, 5-31-05; Ord. No. 1977, § 2, 11-13-12; Ord. No. 1978, § 2, 11-13-12; Ord. No. 2157, § 1, 6-27-17)

   Sec. 84-85     Special conditions by use type

Special conditions. The following describe the special conditions under which certain uses may be permitted in a zoning district when reference is made to one or more of said subsections in Table 4-A of this Code. No construction or occupancy shall commence for any permitted use with special conditions until all of the required conditions have been met.

(a)     Accessory buildings. An accessory building may be erected as an integral part of or detached from the main building. It may also be connected by a breezeway or similar structure. An attached accessory building shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Code applicable to the main building.

(b)     Accessory buildings. Private garages and servant's quarters are permitted as accessory buildings on a residential lot subject to the following:

(1)     The accessory building is located behind the main structure or no closer than 80 feet from the front property line.

(2)     The accessory building is located no closer than three feet to any other property line and behind any applicable building line.

(3)     The accessory building is not located within any easement unless the building is portable and written permission has been given by the easement holder.

(4)     The maximum height of the structure does not exceed eight feet when located three feet from the property line and provided the height may be increased at a rate of one additional foot per two additional feet of setback provided.

(5)     The floor area of the accessory building does not exceed 50 percent of the minimum required rear yard in the case of a one story building or 40 percent of the minimum required rear yard in the case of a two story building.

(6)     An accessory building used as a garage, carport or off-street parking of any vehicle must strictly comply with parking requirements specified in article V of this chapter.

(7)     An accessory building used for servant's quarters shall not be leased or rented to anyone other than a family member of a bona fide servant devoting 50 percent of said servant's time to the family occupying the premises.

(8)     Such accessory buildings shall not be used for commercial or part time business uses.

(9)     The city manager may authorize the construction of a carport or similar covered structure where necessary to accommodate an automobile installed with handicap accessible adaptive equipment utilized by a person with a severe physical disability. Authorization shall be granted on a case by case basis based on the existence of conditions that require special access needs that are created by the severe physical disability. Prior to granting authorization, the city manager shall determine: i) that no other reasonable alternative exists to provide necessary access; ii) that the structure will not unreasonably interfere with the use and enjoyment of adjacent properties, nor significantly diminish or impair property values within the vicinity; and iii) whether special conditions and requirements should be placed on the construction of the structure to ensure compatibility with adjacent properties. The structure shall be removed if the applicant's physical condition that necessitated the request ceases to exist or the applicant no longer resides in the home. A structure that no longer complies with these conditions shall be deemed to be an illegal use and shall not be grandfathered under nonconforming use regulations. If approval of a structure is granted, an affidavit shall be filed in the Tarrant County Deed Records noting the conditions under which the approval was granted. A “severe physical disability” is a condition which seriously limits two or more functional capacities such as mobility, communication, self care, self direction, or work skills.

(c)     Automobile service centers. Automobile service centers, when designed and developed as an integral part of a larger planned shopping center, provided that such service centers shall be secondary to the retail function of the larger center and that appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be served.

(c-1)     Churches and other places of worship. Churches and other places of worship located on land zoned for one-family or two-family dwelling purposes shall be located on a lot of not less than 50,000 square feet and not more than five acres and any structure thereon, other than an accessory building, that is located within 25 feet of land zoned for one-family or two-family dwelling purposes shall be limited to a single story in height with a maximum height of 35 feet provided all front, side and rear yards required are increased an additional one foot for each vertical foot the building exceeds 25 feet in height.

(d)     Colleges, universities and professional schools. Colleges, universities and other institutions of higher learning, public and private, offering courses in general, technical, or religious education, and not operated for profit, are subject to the following conditions:

Any use permitted herein shall be developed only on sites of at least 40 acres in area.

All ingress to and egress from said site shall be directly onto a major thoroughfare.

(e)     Common open space. There shall be a minimum of 600 square feet of usable common open space per dwelling. Common open space must be usable for recreational activities and shall be assembled in contiguous areas of not less than 10,000 square feet.

(f)     Common wall construction. Common walls shall be constructed as a double wall unit that meets a minimum two-hour fire rating and has an approved soundboard integrated between wall studs that are staggered and offset along either side of such soundboard. Such double wall unit shall be constructed in its entirety to the roof deck and shall meet the requirements of the city's current building codes.

(g)     Crops/livestock. Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale sales activities are conducted on the premises, and provided that no livestock shall be kept any closer than 100 feet from any building located on adjoining property that is used for human habitation or within an area of less than 1/2 acre per animal.

(h)     Day care centers. Nursery schools and child care facilities (not including dormitories); provided that for each child cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area.

(i)     Golf driving ranges.

(1)     The site plan shall show the layout of the property and indicate the location of all driving ranges, putting greens, fences and structures.

(2)     Accessory uses shall be limited to a refreshment stand, a maintenance shed, a miniature golf course and a pro shop.

(j)     Eating establishments. The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food.

(k)     Food stores. No establishment in a “C-1” district may occupy more than 5,000 square feet of gross floor area.

(l)     Garage apartment. Garage apartments that are occupied by family members of the occupant of the principle dwelling and that meet all yard, open space, and off-street parking requirements are permitted. A garage apartment shall not be occupied by more than one family or be permitted in conjunction with another dwelling on the same lot designed for more than two families. Second floor garage apartments shall be set back two additional feet for every foot in height that the structure exceeds 20 feet (inclusive of roof) in height.

(m)     Golf courses. Golf courses, either public or private, subject to the following conditions:

The site shall be planned so as to provide all ingress and egress directly to or from a major thoroughfare.

The site plan shall be laid out to achieve a relationship between the major thoroughfares and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any residentially zoned property, provided that where topographic conditions are such that buildings would be screened from view, the commission may modify this requirement.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height and entry shall be by means of controlled self-locking gate.

(n)     Home occupations. Occupations or activities clearly incidental and subordinate to the use of the premises for dwelling purposes maybe conducted within a dwelling unit; provided that:

(1)     Orders previously made by telephone or at a sales party may be filled on the premises; other merchandise cannot be offered for sale on the premises.

(2)     Stock in trade or commodities can be maintained if used in the production of a product.

(3)     Family members residing on the premises can be employees, others not permitted.

(4)     Advertising, signage, or other exterior identification of the home occupation is not permitted.

(5)     Exhibits or display of services, goods, wares or merchandise will be permitted on the premises unless they are visible from any private street or public right-of-way, or adjacent property.

(6)     Equipment may be used unless it creates offensive noises, vibrations, sound, smoke, dust, odors, heat, glare, X-ray, or electrical disturbance to radio or television.

(7)     Motor vehicles registered to the occupant of the property, may be repaired on site unless it is a racing vehicle. Other motor vehicle repairs are not permitted.

(8)     Home occupations will be conducted within the living portion of the dwelling unit or its garage. Accessory buildings or detached structures shall not be used in conjunction with the home occupation.

(9)     Customers or clients are allowed only at the dwelling unit from 6:00 a.m. through 9:00 p.m. except day care.

(10)     Day care for compensation is allowed for not more than five children under the age of 16 years or for no more than two adults or elderly, other than the ward or guardian or caretaker's family.

(11)     Music teaching is allowed for no more than two students at any one time.

(12)     Traffic generated by the home occupation will not be in greater volume than would normally be expected in a residential neighborhood of like character.

(13)     Parking of vehicles shall be permitted only in the driveway of the dwelling unit or along the curb immediately adjacent to the premises.

(14)     Parking for no more than one vehicle, the primary purpose of which is for use in support of the home occupation, may be overnight for a vehicle having a manufacturer's rated carrying capacity of 3,000 pounds (1-1/2 tons) or less. Larger vehicles may remain parked for only two hours in any 24-hour period.

(15)     See chapter 82, “Traffic and Motor Vehicles” for further regulations.

A home based occupation is permitted only as an incidental use and is secondary to the use of the premises as a dwelling. As such, the city council may, at any time, amend this section to terminate any or all home occupations and home based business uses without creating nonconforming rights to the continuation of a home based business.

(o)     Plant nurseries. No more than 25 percent of the retail stock shall be of materials not grown on the premises. Establishments that sell plants at retail but are cultivated at another site are classified under SIC 5261.

(p)     Private recreation facility. Private recreational facilities shall be required for all multifamily residential developments. Such uses shall be restricted to use by the occupants of the residences and their guests, or by members of a homeowner's association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one space for each 4,000 square feet of area devoted to recreational use.

(q)     Public services. Because of their public necessity, public service uses are permitted in most zoning districts. If the administrator determines that the use may cause either a possible hazard to nearby residents or passers-by or any interference with the development, use, or enjoyment of surrounding property, more extensive fencing or screening than the required landscaped screening strip may be required.

(r)     Repair garages. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All body and fender repairing shall be conducted within a completely enclosed building or room with stationary windows and doors that are opened only when necessary for ingress and egress;

All spray painting shall be conducted in a building or room specially designed for such purpose; and

All auto repairing shall be conducted within a building enclosed on at least three sides.

(s)     Satellite reception dishes. Satellite reception dishes greater than three feet in diameter shall be permitted through the city's inspection department, and shall have paid an inspection fee as set forth by the latest fee schedule adopted by the city council and be subject to the following requirements:

(1)     Residentially zoned property. Satellite reception dishes located on residentially zoned property when visible from adjacent properties or streets shall meet the following requirements:

a.     Shall be ground mounted only.

b.     Have a diameter of not greater than ten feet.

c.     Shall not extend more than 12 feet above the ground when the dish is aimed toward the horizon.

d.     Shall be located behind the main structure.

e.     Located not less than six feet from any other property line.

f.     Screened from adjacent properties and streets by a landscape buffer or screening fence.

g.     Have no lettering, logo or other form of advertising or writing on the face or back of the dish except for the manufacturers name, distributor or seller of the reception dish.

(2)     Nonresidential districts. Satellite reception dishes visible from adjacent properties in streets shall comply with the following requirements:

a.     Reception dishes shall not exceed 14 feet in diameter.

b.     May be ground or roof mounted, however, when aimed toward the horizon, shall not extend more than 15 feet above the vertical base of the reception dish mount.

c.     Shall be located behind all applicable building lines.

d.     Shall not contain any lettering, logo or any other form of advertising or other writing on the face or on the back of the reception dish except the name of the manufacturer, distributor or seller of the reception dish.

(3)     Special exceptions to above stated requirements for satellite reception dishes. Standards that differ from the above stated regulations may be granted by the Euless Board of Adjustments. The board, in order to grant a variance, shall determine that the lot configuration or physical land features make installation of the satellite reception dish, in conformance with the above stated requirements, impractical. Based upon the specific site, requirements may be placed on the applicant to allow the erection of the reception dish in a manner that would minimize the negative aesthetic impacts on adjacent properties.

(t)     Servant's or caretaker's quarters. Accessory buildings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space and off-street parking requirements.

(u)     Service stations.

Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced;

All services, except fuel sales, shall be performed within a completely enclosed building; and

When within 75 feet of a residential use, all refuse and vehicle parts shall be stored within a completely enclosed building or within an areas which is completely visually screened from the view of those residences.

(v)     Swimming pool. Exception for private recreation facilities under (p) above.

If located in a residential district, the pool shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

A pool or pool deck may be located anywhere on the premises except for the following: (1) in a publicly dedicated easement; (2) required front yards; (3) not less than five feet from any structure or lot line; nor, (4) within ten feet of any overhead power lines.

All pools shall be enclosed by a wall or fence with self-locking and self-closing gates.

(w)     Zero-lot line dwellings. Walls facing the zero-lot line shall contain no windows, doors or other penetrations and shall have an exterior masonry facade. Either a five-foot maintenance easement shall be provided for the neighboring property, or the lot line house may be set back five feet from the line and a recreation, planting, and use easement may be granted to the adjacent lot owner.

(x)     Businesses dealing in certain novelty items, commonly referred to as “head shops” fall under the category SIC Category of 5912. Specifically, any establishment that sells, distributes or manufactures any specialty or novelty item, unless otherwise permitted by law, which engages in the distribution or manufacturing of any of the following:

(1)     Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(2)     Kits used, intended for use, or designed for use in manufacturing, compounding, converting producing, processing, or preparing controlled substances.

(3)     Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(4)     Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances.

(5)     Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6)     Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)     Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

(8)     Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substance.

(9)     Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10)     Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11)     Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing any controlled substance, including without limitation thereto, marijuana, cocaine, hashish, or hashish oil into the human body, such as:

a.     Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens permanent screens, hashish heads, or punctured metal bowls;

b.     Water pipes;

c.     Carburetion tubes and devices;

d.     Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

e.     Miniature cocaine spoons, and cocaine vials;

f.     Chamber pipes;

g.     Carburetor pipes;

h.     Electric pipes;

i.     Air-driven pipes;

j.     Chillums;

k.     Bongs; and/or

l.     Ice pipes or chillers.

(12)     The terms “controlled substance,” as used herein, shall mean and refer to those substances now or hereafter included as controlled substances under the Texas Controlled Substance Act, Article 447615, V.A.C.S., as amended.

(y)     Veterinarians and animal pound located in multi-tenant building shall have proper ventilation and adequate noise attenuation between adjacent lease spaces.

(z)     Any outside sales, storage or display shall be located behind the main structure, on a paved surface, and screened from all adjacent properties and streets in accordance with section 84-337, specified herein.

(aa)     All items for sale, storage or display shall be located on a paved, all-weather surface unless the use is permitted in that district by way of a specific use permit and the all-weather surface requirement is specifically waved through the approval of the specific use permit.

(ab)     It shall be unlawful to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between such place of business and any church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of distance between such place of business and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter such place of business, along street lines and in direct line across intersections. Provided, however, that the city council may allow variances to the distance regulation as stated herein if the city council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(ac)     Arcade games such as, common but not limited to, pin ball games, video games and other coin operated entertainment machines may be permitted as an incidental use to any use in the commercial districts. No more than five percent of the total floor area of the primary use shall be dedicated for arcade games.

(ad)     Drinking establishments located within hotels or motels or motor inns where such drinking establishment is incidental to the primary use of providing lodging shall be considered use by right where hotels are permitted provided such drinking establishment is located within the hotel or motel building except where prohibited by the establishments proximity regulation of this document.

(ae)     Sexually oriented businesses. All businesses fitting the definition of sexually oriented business, as defined in this chapter, shall comply with the requirements of section 84-183 and the licensing requirements of chapter 18, article III of Code.

(af)     Private street developments. All private street developments shall be processed through the specific use permit or planned development procedure. Authority to approve a private street development shall lie solely with the city council. The following standards shall apply to all private street developments:

(1)     Approval criteria. In addition to the specific use permit (SUP) “conditions of permit approval” specified in section 84-153 of this Code, the following additional approval criteria must be found to exist:

a.     The proposed development is zoned as residential or planned development zoning district.

b.     The proposed development is bounded on all sides by natural or manmade barriers (with no reasonable connection with another residential parcel).

c.     The proposed development shall not impede the current or future development of a thoroughfare.

d.     The proposed development shall not disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park.

(2)     General design standards. The private street system shall:

a.     Comply with construction design standards for public streets as specified in section 84-442 of this Code.

b.     Provide access for emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and government employees in pursuit of their official duties.

c.     Each private street development shall contain the following wording on the face of the plat and in the required property owners association documents:

The streets have not been dedicated to the public, for public access nor have they been accepted by the city as public improvements. They shall be maintained by the property owners within the subdivision, but shall always be open to emergency vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

A property owners association is required to maintain the private streets. All property owners shall be members of said association.

The property owners association (the “association”) agrees to release, indemnify, defend, and hold harmless the city and any governmental entity or public utility that owns public improvements within this subdivision (collectively, the “indemnitees”) from and against any claims for damages to the streets, restricted access gates and entrances, and related appurtenances (collectively, the “streets”) caused by the reasonable use of the streets by the indemnitees. This paragraph does not apply to damages to the streets caused by the design, construction, or maintenance, of any public improvements owned by any of the indemnitees.

The association agrees to release, indemnify, defend, and hold harmless the indemnitees from and against any claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards. The indemnification contained in this paragraph 2 shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the indemnitees or their respective officers, employees, or agents.

Each lot owner agrees to release the indemnitees from claims for damages to property and injury to persons (including death) that arise out of the use of the streets by the indemnitees and that are caused by the failure of the association to design, construct, or maintain the streets in accordance with city standards.

The obligations of the association and lot owners set forth in the above paragraphs shall immediately and automatically terminate when the streets and other rights-of-way have been dedicated to and accepted by the city.

d.     Private streets shall be located in a “public utility and storm sewer easement.” The width of the easement shall be the same as the required right-of-way for a public street, unless a variable street width has been approved by city council through the planned development procedure. Centered in the “public utility and storm sewer easement” shall be an “access easement” equal in width to the paved private street.

e.     All private street developments shall have a minimum of one point of access to a public street. Said access points shall be designed to provide adequate stacking of vehicles, have a turnaround to allow vehicles denied access room to maneuver into a “head out” position when exiting onto a public street. Entrances are to be a minimum of 25 feet in width.

(3)     Property owners association. Private street systems shall be the responsibility of all the property owners within the addition and shall be subject to all the following requirements:

a.     Subdivisions with private streets shall have a property owners association. The association shall be responsible for the maintenance of private streets and appurtenances. The association documents must be acceptable to the city at the time of preliminary plat approval. The approved document shall be executed and filed for record contemporaneously with the filing of the final plat.

b.     Every owner of a lot within the private street development shall be a member of the property owners association.

c.     The association documents shall address, but not be limited to, the following:

1.     The association documents must indicate that the streets within the development are private, owned and maintained by the association, and that the city has no obligation to maintain the private streets.

2.     The association documents shall include a statement indicating that the city may, but is not obligated to, inspect private streets and require repairs, as deemed necessary.

3.     The association may not be dissolved without the prior written consent of the city.

d.     The documents establishing the association shall give the city the right to assess each lot within the private street development for the payment of bills for private infrastructure repairs made by or under contract with the city, not paid by the association.

e.     No portion of the association documents pertaining to the maintenance of the private streets may be amended without the written consent of the city.

f.     The association documents shall contained a provision that assures access to emergency vehicles, utility personnel, the U.S. Postal Service, and governmental employees in pursuit of their official duties.

(ag)     Limited access residential developments. All limited access or “gated” residential developments shall be processed through the specific use permit or planned development procedure. Authority to approve a limited access residential development shall lie solely with the city council. The following standards shall apply to all limited access residential or gated developments and shall be illustrated on the PD (planned development) or SUP (specific use permit) site plan:

(1)     All gates shall be located solely on private property.

(2)     Emergency services access shall be designed, equipped and permitted as provided for in section 34-105(10) of the Code.

(3)     All gates and their associated drive accesses shall accommodate residents, guests, deliveries, employees, U.S. Postal Service, government and utility personnel in pursuit of their duties without significantly impeding traffic movement on public thoroughfares. The minimum number, location and design of each entrance/exit shall accommodate peak travel times for both the surrounding public streets and for the development being served and shall also be designed in consideration of long range traffic forecasts, the type and speed of the gate opening system being used and the number of dwelling units being served. A turnaround shall be provided for vehicles denied access to be able to exit onto a public street in a “head out” fashion.

(4)     A traffic impact analysis showing the impact the limited access may have on surrounding streets may be required. No limited access development shall be approved that unduly negatively impacts public streets.

(5)     Visitors access shall be provided in the following manner: At least one gate shall be equipped for visitors access. Said visitor access shall provide for a call or code box located a minimum of 30 feet from the property line to provide for visitors calling in and automobile queuing. An entry turnaround with a minimum outside radius of 30 feet shall be provided behind the call or code box for vehicles denied access to be able to maneuver into a “head out” position onto a public street with minimum disruption to other vehicles at the entrance.

(6)     Residents' access shall be provided in the following manner: There shall be not less than one exit designed for residents use for each 200 dwelling units. Said residents' exits shall be equipped with automated gates that allow for egress on demand.

There shall be not less than one entrance designed for residents' use for every 300 dwelling units. One residents' entrance may be the same as the visitors' entrance. Said residents' ingress shall be equipped with an electronic opener and activated remotely.

Remote controls that use a key, card or require a code to be keyed in by the residents shall be set back a minimum of thirty feet inside the property line to provide for one resident to use the key entry and queuing for one additional vehicle.

A residence entrance used in combination with a guest entrance shall provide for the queuing of not less than two vehicles, not including the vehicle using the remote control box. No additional queuing is required of the remote control to open the gate is normally activated by mobile device enabling the resident to enter the premises without have to stop and enter a code, card or key.

(7)     Parking shall be provided in accordance with the use group which the proposed use most closely resembles, as determined by the administrator.

(ah)     Auto or vehicle sales lots. The minimum area devoted to the sale of new or used auto, truck, trailer, recreational vehicles, boat or other motor vehicles shall be maintained at not less than five acres.

(ai)     Telecommunication facilities. Specifically, notwithstanding any other provision of this subsection, telecommunication antennas and/or towers, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)     For purpose of this section the following words and phrases are defined as follows:

Antenna means any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or collect electromagnetic waves, digital signals, analog signals, radio frequencies, (excluding radar signals), wireless telecommunication signals, television signals, or other communication signals.

Antenna array means a structure attached to a telecommunication tower that supports a telecommunication antenna.

EIA-222 means Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures”.

Telecommunication antenna means an antenna used to provide a telecommunication service.

Telecommunication facilities means any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground mounted) transmitting and receiving antennas, low power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunication support structure.

Telecommunication tower means a structure more than ten feet tall, built primarily to support one or more telecommunication antennas.

Whip antenna means an antenna consisting of a single, slender, rod like element which is no more than six inches in diameter and supported only at or near its base.

Non-whip antenna means an antenna which is not a whip antenna, such as dish antennas, panel antennas, etc.

(2)     Telecommunication facilities-Antennas/towers.

a.     A site plan shall be submitted pursuant to said section 84-84 and the following requirements:

1.     Submit a site plan, drawn to scale, indicating the location and height of all components of the facility, potential locations of ground-mounted equipment necessary to support future wireless providers, and the distance from other structures on the same and adjacent properties to include a radius equal to the required setback.

2.     All towers will be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure.

3.     The applicant shall provide an architects rendering, photo-realistic representation, or other true visual representation of the actual tower.

4.     Tower height, including antenna array, may not exceed 120 feet.

5.     Telecommunication towers must be a minimum of 200 feet or three to one distance to height ratio, whichever is greater.

6.     New telecommunication towers must be a minimum distance of 5,000 feet from another telecommunication tower, including from those towers located in an adjacent municipality. The service provider must provide information that identifies other facilities that are owned by the service provider.

7.     All guys and guy anchors are located within the buildable area of the lot and not within the front, rear, or sideyard setbacks and no closer than five feet to any property line.

8.     The base of the tower and equipment buildings must be screened by a masonry wall consistent with section 84-336(b)(4).

9.     A telecommunication tower must be:

i.     Used by three or more wireless communication providers; or

ii.     Designed and built so as to be capable of use by three or more wireless communication providers and the owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunication provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application.

b.     Telecommunication towers should be constructed to minimize potential safety hazards. Telecommunication towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers.

c.     If any additions, changes, or modifications are to be made to the monopole, the building official shall verify that such changes meet all applicable conditions contained in the original S.U.P. enabling construction of the monopole and shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current building code adopted by the City of Euless.

d.     Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the building official or designee within 30 days that use of a tower has been discontinued.

e.     In addition to the usual application fee for a specific use permit, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer to review the application and provide engineering expertise, or other related professional services required to verify any information provided by the applicant, in the amount as set forth in section 30-46, “telecommunication facilities contract fees.”

f.     The tower is erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.

(3)     Telecommunication facilities–Antennas mounted on existing structures.

a.     Antennas mounted on buildings.

1.     Roof-mounted telecommunication antennas are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided a non-whip antenna does not exceed the height of the building by more than ten feet and is screened from view from any adjacent public roadway and provided a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. Prior to installation of a roof-mounted antenna, the building official shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. Roof-mounted antennas and associated equipment must be screened with enclosures or facades having an appearance that blends with the building on which they are located.

2.     Building-mounted telecommunication antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, provided the antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached; and the antenna's appearance is such as to blend with the surrounding surface of the building.

3.     Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if screened with enclosures or facades having an appearance that blends with the building on which they are located.

b.     Telecommunication antennas located on existing structures are not subject to the 5,000-foot separation requirement.

c.     When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the building official shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna.

d.     Telecommunication antennas shall not be constructed or used within the City of Euless without all approvals and permits first having been secured.

(aj)     Transient dwellings. Specifically, notwithstanding any other provision of this subsection, transient dwellings, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:

(1)     For purpose of this section the following words and phrases are defined as follows:

Bedroom means an enclosed space in a structure that is designed such that it could be used for sleeping purposes and meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.

Block means a tract of land bounded by streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits.

Boarding or roominghouse means an establishment, other than eleemosynary or other nonprofit institution, primarily engaged in renting rooms, with or without board, on a fee basis, to four or more persons not related by blood, marriage, or adoption.

Disability, alcohol or drug dependence means a person is considered disabled due to alcohol or drug dependence if they meet the definition of disability, generally and the person is unable to maintain abstinence and recovery in an available independent living situation. A person with an alcohol or drug dependence disability is eligible to reside in a parolee-probationer home or residential care facility if:

a.     The person has been diagnosed as suffering from alcohol or drug dependence;

b.     The person has completed a course of alcoholism or drug dependency treatment in an inpatient or outpatient setting;

c.     The person has been determined to be unable to abstain from alcohol or drugs without continued care in a structured setting; and

d.     Is in need of alcoholism or drug dependency services on an outpatient basis in addition to the structured group residential setting of a parolee-probationer home or residential care facility.

Disability generally means as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Fair housing laws means the Federal Fair Housing Act, the Americans with Disabilities Act, and the Texas Fair Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations.

Group residential means shared living quarters, occupied by two or more persons not living together as a single housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities (general, small licensed, and small unlicensed) and residential hotels.

Individual with a disability means an individual who meets the definition of disability under the fair housing laws.

Integral facilities means any combination of two or more residential care facilities that may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses means any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Parolee-probationer includes:

a.     Any individual who has been convicted of prohibited criminal conduct, and received conditional and revocable release in the community under the supervision of a federal parole officer;

b.     Any individual who has been convicted of prohibited criminal conduct, and who is serving a period of parole or community supervision, as defined in Chapter 42 of the Texas Code of Criminal Procedure;

c.     An adult or juvenile who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision where said conduct would be considered prohibited criminal conduct, had the adult or juvenile been tried as an adult, and who is serving a period of parole or other applicable community supervision; and

d.     Any individual who has been convicted of prohibited criminal conduct and is under the jurisdiction of any federal, state, or county parole or probation officer.

Parolee-probationer home means any residential structure or unit, whether owned and/or operated by an individual or a for-profit, nonprofit, governmental or nongovernmental organization, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, which houses two or more parolees and/or probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of a parolee-probationer.

Prohibited criminal conduct means prohibited criminal conduct includes those crimes defined as “violent crimes” or “property crimes” by the Federal Bureau of Investigation's Uniform Crime Report, 2006, and those crimes defined as “drug-defined offenses” or “drug-related offenses” by the Bureau of Justice Statistics Drug and Crime Data Fact Sheet, 1994, for which punishment would be classified as a felony as set forth in section 12.04 of the Texas Penal Code, or for which punishment would be classified as class A misdemeanor as set forth in section 12.03 of the Texas Penal Code.

Residential care facility means any place, site or building, or group of places, sites or buildings, regardless of whether it is regulated by Chapter 464 of the Texas Health and Safety Code, in which five or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding facility staff) is an individual with a disability. A parolee-probationer may not reside in a residential care facility.

Single housekeeping unit means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Transient dwelling means a single-family attached, single-family cluster, single-family detached, single-family manufactured, single-family townhouse or zero lot line dwelling, as those terms are defined herein, which is used as a transient dwelling. A dwelling shall be considered a transient dwelling:

a.     If the dwelling is not a single housekeeping unit, and is operated or used in such a way that it has a turnover in occupancy of more than six times in any continuous 12-month period, it shall create a rebuttable presumption that such dwelling is a transient dwelling.

(2)     Reasonable accommodation requests.

a.     Purpose. In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

b.     Review authority. The city manager, or his designated representative, is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then an applicant may request that the city manager hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for reasonable accommodation shall not be heard until after a final administrative decision has been made regarding all discretionary permits or approvals required by any federal or state law or local ordinance.

c.     Application for a reasonable accommodation.

1.     Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

2.     Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on the form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires discretionary permit(s), then the prescribed fees for said permit(s) shall be paid by the applicant or the applicant's representative. An application for reasonable accommodation shall not be unreasonably withheld.

3.     Required submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:

i.     Documentation that the applicant is:

A.     An individual with a disability;

B.     Applying on behalf of one or more individuals with a disability; or

C.     A developer or provider of housing for one or more individuals with a disability.

ii.     The specific exception or modification to the zoning, subdivision or other land use provision, policy or practice requested by the applicant.

iii.     Documentation that the specific exception or modification requested by the applicant is reasonable and necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

iv.     Any other information that the planning director reasonably concludes is necessary to determine whether the finding required by section 84-85(aj)(3)a. below can be made, so long as any request for information regarding the disability of the individuals benefited complies with applicable federal law and the privacy rights of the individuals affected.

(3)     Decision.

a.     City manager action and appeals. The city manager shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with section 84-85(aj)(2)b. above within 14 days of the date of receipt of a completed request for reasonable accommodation, which shall be served on the applicant in person or by certified United States mail. If the city manager's written determination is not made within the time limits provided herein, the applicant's request for a reasonable accommodation shall be deemed granted. In the event of appeal of the city manager's written determination, applicants shall file with the city secretary a notice of appeal on the form provided by the city no later than 14 days following the date the city manager issues a written determination. Notices of appeal filed after that date shall be considered untimely and the city manager's written determination shall be considered a final determination. The standard of review on appeal shall be de novo appeal to the city council. The city council, acting as the appellate body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. A final decision regarding an applicant's appeal of the city manager's written determination regarding a reasonable accommodation shall be made within 30 days after the date the city receives an applicant's notice of appeal, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding an applicant's appeal of the city manager's written determination regarding a reasonable accommodation, the applicant's request for a reasonable accommodation shall be deemed granted.

b.     Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

1.     The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws or other applicable federal or state law.

2.     The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3.     The requested accommodation will not impose an undue financial or administrative burden on the city as “undue financial or administrative burden” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

4.     The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as “fundamental alteration” is defined in Fair Housing Laws, interpretive case law, or other applicable federal or state law.

5.     The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the decision-maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

c.     The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

1.     Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

2.     Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.     In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

4.     In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

d.     The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program.

1.     Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2.     Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3.     Whether granting the requested accommodation would substantially undermine any express purpose of either the city's master/comprehensive plan.

4.     In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

e.     Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

f.     Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make a written determination or appeal, as applicable. In the event an appeal is filed, the reasonable accommodation shall not become effective until a final decision is made by the city council on such appeal under the provisions of section 84-85(aj)(3)a. above, or until the expiration of time to issue a final decision, as applicable.

(4)     Expiration, time extension, violation, discontinuance and enforcement.

a.     Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1.     A building permit has been issued and construction has commenced;

2.     A certificate of occupancy has been issued;

3.     The use is established; or

4.     A time extension has been granted.

b.     Time extension. The city manager may approve a time extension for a reasonable accommodation for good cause for a period not to exceed 24 months. An application for a time extension shall be made in writing to the planning director no less than 30 days or more than 90 days prior to the expiration date. There is no limit on the number of extensions that may be granted so long as the use established is continuous and uninterrupted and the reasonable accommodation remains reasonably necessary to provide disabled individuals with an equal opportunity to use and enjoy the dwelling in question.

c.     Notice. Notice of the city manager's or city council's decision, as applicable, shall be provided as specified in section 84-85(aj)(3)a. above. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in section 84-85(aj)(4)d. below.

d.     Appeal of determination. A decision regarding a request for a time extension for a reasonable accommodation shall be final unless appealed to the city council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in section 84-85(aj)(3)a. above.

e.     Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

f.     Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 90 consecutive days. If a disabled person initially occupying a residence for which a reasonable accommodation has been granted vacates the residence, the reasonable accommodation shall remain in effect only if the planning director determines that:

1.     The reasonable accommodation is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; or

2.     The reasonable accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

Within 30 days of occupying the residence in question, the disabled person replacing the vacating disabled person shall provide to the planning director documentation establishing that he or she is a person with a disability who would otherwise qualify for the reasonable accommodation already in effect. Failure to provide such documentation within 30 days of occupying the residence in question shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

g.     Enforcement. If the established use for which a reasonable accommodation granted under this Code is discontinued, or the applicant violates the terms of the reasonable accommodation, the city attorney on behalf of the city may institute an injunction, mandamus, abatement, or other appropriate action to prevent, abate, remove or enjoin the violation of this chapter.

(5)     Revocation proceedings.

a.     Proceedings to revoke a reasonable accommodation granted by the city shall be initiated by the city manager by giving the notice of a public hearing as provided in section 84-85(aj)(5)b. below. Not less than ten days prior to the public hearing, the city manager shall issue a written recommendation to revoke a reasonable accommodation, explaining the reasons for said recommendation, which shall be served on the applicant by posting it in a conspicuous place on the property in question and by mailing it to the applicant by certified United States mail. The city council, acting as the reviewing body, may sustain, reverse or modify the decision of the city manager or remand the matter for further consideration, which remand shall include specific issues to be considered by the city manager. The city council may also hear statements and other evidence at the public hearing, in compliance with applicable open meetings law. A written final decision regarding revocation of a reasonable accommodation shall be made within 30 days after the date of the public hearing, which shall be served on the applicant in person or by certified United States mail. If the city council does not issue a final decision regarding revocation of a reasonable accommodation, the reasonable accommodation shall remain in effect.

b.     Notice of proceedings. The city manager shall fix a time and a place for a public hearing, and give public notice thereof by mailing notice to owners of all property within a distance of 300 feet of the exterior boundaries of property described in the application, using addresses from the last-adopted tax roll; or by publication in a newspaper of general circulation and posting said notice in conspicuous places close to the property. Such notice shall be given not less than ten days before the date of the public hearing.

(6)     Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(ak)     Non-depository financial institution. No non-depository financial institution as defined in Section 84-7 may be located within 1,000 feet of another non-depository financial institution; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)     Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

a.     From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

b.     From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or

c.     From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)     Nonconformity. A non-depository financial institution that existed and was lawfully constructed, located and operating on the date of this subsection 84-85[ak], and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

a.     If a non-depository financial institution ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new non-depository financial institution at that location without first complying with all the requirements of this subsection 84-85(ah).

b.     The ability to continue a non-conforming non-depository financial institution shall cease and such use shall terminate whenever either of the following occur:

1.     A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

2.     The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(al)     Tattoo and/or body modification studio. No tattoo and/or body modification studio as defined in section 84-7 may be located within 1,000 feet of another tattoo and/or body modification shop; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right.

(1)     Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

a.     From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

b.     From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or

c.     From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)     Nonconformity. A tattoo and/or body modification studio that existed lawfully on the date the use commenced; and that does not conform to zoning district and separation distance standards shall be deemed a nonconforming use.

a.     If a tattoo and/or body modification studio ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tattoo and/or body modification studio at that location without first complying with all the requirements of this subsection 84-85[al].

b.     The ability to continue a nonconforming tattoo and/or body modification studio shall cease and such use shall terminate whenever either of the following occur:

1.     A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

2.     The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(am)     Tobacco products store. No tobacco products stores may be located within 1,000 feet of another tobacco products store; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10; or FM 157/Industrial Boulevard or within 500 feet of any zoning which allows residential uses by right.

(1)     Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

a.     From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed;

b.     From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or

c.     From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed.

(2)     Nonconformity. A tobacco products store that existed and was lawfully constructed, located and operating on the effective date of this subsection 84-85(am), and that does not conform to zoning district and/or separation distance standards adopted herein shall be deemed a nonconforming use and may continue in operation subject to the provisions in article III of chapter 84 and the provisions set forth below:

a.     If a tobacco products store ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tobacco products store at that location without first complying with all the requirements of this subsection 84-85(am).

b.     The ability to continue a nonconforming tobacco products store shall cease and such use shall terminate whenever either of the following occur:

1.     A certificate of occupancy for a change of owner, occupant, tenant, or business is required.

2.     The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

(Ord. No. 1133, § 1(4-500(1)), 3-22-94; Ord. No. 1148, § II, 8-9-94; Ord. No. 1177, §§ IV, VI, 5-23-95; Ord. No. 1232, § 2, 4-8-97; Ord. No. 1236, § 1, 8-26-97; Ord. No. 1609, § 3, 10-28-03; Ord. No. 1690, §§ I, II, 5-31-05; Ord. No. 1826, § 2, 9-9-08; Ord. No. 1833, § 7, 10-28-08; Ord. No. 1977, § 3, 11-13-12; Ord. No. 1978, § 3, 11-13-12; Ord. No. 1976, § 3, 11-27-12; Ord. No. 1981, § 1, 12-11-12)

   Sec. 84-86     Exceptions to conditions

Exceptions to these conditions may be made by council on a case-by-case basis by the granting of a special use permit. Approved council exceptions shall become null and void should no building permit be issued within 90 days of approval.

(Ord. No. 1133, § 1(4-500(2)), 3-22-94)

   Secs. 84-87–84-99     Reserved

   Division 2. District Regulations

   Sec. 84-100     Established

This division lists the purpose, general description of the permitted primary uses, the district site development standards and any additional requirements applicable throughout the zoning district.

All properties are subject to the district regulation which specify certain minimums and maximums permitted within the zoning district. Except as otherwise specifically provided in this chapter, no structure shall be erected or maintained which does not comply with these standards.

(Ord. No. 1133, § 1(4-600), 3-22-94)

   Sec. 84-101     “R-1C” single-family custom dwelling district

(a)     Purpose. Detached housing designed as a move up from first and second time home buyers; located on moderately large lots; curvilinear streets; well landscaped; masonry walls along arterial; landscaping addition entry; owners association required to be set up; architecturally treated street lighting, underground utilities, unified streetscape treatments; neighborhood parks and focal points; no through traffic; large setbacks; garages at rear of the units; steep roof pitches; all masonry; most units will have built in pools.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1C district requirements).

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)     District development standards.

(1)     Minimum lot area–10,000 square feet.

(2)     Minimum lot width–100 feet.

(3)     Minimum floor area–2,500 square feet.

(4)     Minimum front yard–30 feet.

(5)     Minimum rear yard–25 feet.

(6)     Minimum side yard.

a.     Interior side yards–Ten feet.

b.     Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line.

(7)     Maximum building coverage–40 percent of lot.

(8)     Minimum roof pitch–8:12.

(9)     Maximum height limit–two and one–half stories or 35 feet.

(10)     Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)     Minimum off–street parking–see article V.

(12)     Signs–see article VI.

(13)     Minimum landscaping and screening–see article VII.

(14)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(15)     Site plan approval requirements–none for one- or two-family dwellings-see article VIII.

(Ord. No. 1133, § 1(4-601), 3-22-94; Ord. No. 1225, § 3, 12-12-96; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-102     “R-1” single-family detached dwelling district

(a)     Purpose. This district comprises the preponderant portion of the existing housing development in the City of Euless and is considered to be the proper classification for large areas of the undeveloped land remaining in the city appropriate for single-family use. This district is intended to be composed of single-family dwellings together with the public schools, churches and public parks essential to create basic neighborhood units. Such areas should be consistent and compatible with existing residential neighborhood patterns and be properly protected from more intensive development and the encroachment of incompatible uses.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1, or R-1C district requirements).

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)     District development standards.

(1)     Minimum lot area–7,500 square feet.

(2)     Minimum lot width–65 feet.

(3)     Minimum living floor area–1,700 square feet

(4)     Minimum front yard–25 feet.

(5)     Minimum rear yard–15 feet.

(6)     Minimum side yard.

a.     Interior side yards–four feet on one side, nine feet on the other.

b.     Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line.

c.     No permanent fixture, including but not limited to air conditioner condensing units, shall be placed in side yards of less than seven feet unless permission therefore shall have been obtained from the planning and development department of the city.

(7)     Maximum building coverage–40 percent of lot.

(8)     Maximum height limit–two and one-half stories or 35 feet.

(9)     Minimum roof pitch–6:12.

(10)     Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)     Minimum off-street parking–see article V.

(12)     Signs–see article VI.

(13)     Minimum landscaping and screening–see article VII.

(14)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(15)     Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ord. No. 1133, § 1(4-602), 3-22-94; Ord. No. 1225, § 4, 12-12-96; Ord. No. 1320, § I, 4-14-98; Ord. No. 1476, § 1, 7-24-01; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-103     “R-1L” single-family limited dwelling district

(a)     Purpose. Detached housing designed for small families and singles; located on limited sized lots; houses cluster together and consolidated open space, for neighborhood parks and focal points, typically around natural settings; curvilinear streets or private streets; security/key code entry; well landscaped; masonry walls and iron fences; owners association; architecturally treated street lighting, underground utilities, unified streetscape treatments; no through traffic; small setbacks; front load garages, enclosures prohibited by deed restrictions; steep roof pitches; all masonry; neighborhood pools and facilities.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1C, or R-1 district requirements).

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)     District development standards.

(1)     Maximum density–four dwelling units/acre.

(2)     Minimum lot area–5,500 square feet

(3)     Minimum lot width–50 feet.

(4)     Minimum living floor area–1,700 square feet

(5)     Minimum front yard–20 feet.

(6)     Minimum rear yard–15 feet.

(7)     Minimum side yard.

a.     Interior side yards–five feet on one side, five feet on the other.

b.     Corner lot–15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 10 feet for side lot line.

c.     No permanent fixture, including but not limited to air conditioner condensing units, shall be placed in side yards of less than seven feet unless permission therefore shall have been obtained from the planning and development department of the city.

(8)     Maximum building coverage–50 percent of lot.

(9)     Maximum height limit–two and one-half stories or 35 feet.

(10)     Minimum roof pitch–6:12.

(11)     Minimum exterior facade–90 percent masonry all elevations.

(12)     Minimum off-street parking–two garage spaces (enclosures prohibited);

–Located minimum of 20 [feet] from property line accessed from. See article V.

(13)     Signs–see article VI.

(14)     Landscaping and screening–see article VII.

(15)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(16)     Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ord. No. 1133, § 1(4-603), 3-22-94; Ord. No. 1320, § II, 4-14-98; Ord. No. 1476, § 2, 7-24-01; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-104     “R-1A” single-family attached dwelling district

(a)     Purpose. The intent of this district is to provide suitable areas for single-family residential development where two individual dwelling units can be attached to each other at densities of up to nine units per gross acre. Such development would permit residential areas which have a duplex-like appearance, but which offer residents the opportunity for ownership of both home and lot. The application of this district in appropriate areas will allow residential development at greater densities than the typical single-family district, but would not significantly alter the traditional appearance of existing residential neighborhoods. Such areas should be located adjacent to detached single-family neighborhoods and serve as a transitional buffer with more intensive uses.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using R-1, R-1C, or R-1L district requirements).

Single-family attached dwellings.

Accessory buildings to main use.

Home occupations.

Schools, parks, playgrounds.

(c)     District development standards.

(1)     Minimum lot area–3,750 square feet.

(2)     Minimum lot widths–32 feet.

(3)     Minimum floor area per unit–1,100 square feet.

(4)     Minimum front yard–25 feet.

(5)     Minimum rear yard–15 feet.

(6)     Minimum side yard–zero feet for common wall side;

–One side yard, not less than ten feet;

–15 feet if next to street.

(7)     Maximum building coverage–50 percent of lot.

(8)     Maximum height limit–two and one-half stories or 35 feet.

(9)     Common walls between units–two-hour fire rating with soundboard integrated between staggered wall studs extended through to roof deck.

(10)     Minimum exterior facade–90 percent masonry facade on all wall elevations.

(11)     Minimum off-street parking–see article V.

In front of unit–two garage spaces.

Behind the unit–two garage of carport spaces.

(12)     Signs–see article VI.

(13)     Landscaping and screening–see article VII.

(14)     Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ord. No. 1133, § 1(4-604), 3-22-94; Ord. No. 1225, § 5, 12-12-96)

   Sec. 84-105     “R-2” two-family dwelling district

(a)     Purpose. The intent of this district is to provide suitable areas for very low density multifamily residential development in the form of two-family or duplex structures at densities of up to nine units per gross acre. Such areas should be located adjacent to lower density detached or attached single-family residential areas and serve as a transitional buffer with more intensive multifamily residential areas.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached dwellings (using any set of R-1(*) district requirements).

Single-family attached dwellings (using R-1A district requirements).

Duplexes.

Accessory buildings to the main use.

Home occupations.

Schools, parks, playgrounds.

(c)     District development standards.

(1)     Minimum lot area–7,500 square feet.

(2)     Minimum lot width–65 feet.

(3)     Minimum floor area per unit–850 square feet.

(4)     Minimum front yard–25 feet.

(5)     Minimum rear yard–15 feet.

(6)     Minimum side yard–10 feet each side.

(7)     Maximum building coverage–50 percent of lot.

(8)     Maximum height limit–35 feet or two and one-half stories.

(9)     Minimum exterior facade–90 percent masonry facade on all wall elevations.

(10)     Minimum off-street parking–see article V.

In front of unit–two garage spaces per dwelling unit.

Behind the unit–two garage or carport spaces per dwelling unit.

(11)     Signs–see article VI.

(12)     Landscaping and screening–see article VII.

(13)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(14)     Site plan approval requirements–none for one- or two-family dwellings. See article VIII.

(Ord. No. 1133, § 1(4-605), 3-22-94; Ord. No. 1225, § 6, 12-12-96; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-106     “MH” mobile home district

(a)     Purpose. The intent of this district is to provide suitable areas for the locating of single-family manufactured and mobile homes at densities of up to eight units per gross acre. Such areas should be characterized by a park-like setting, moderate perimeter setbacks, common open space, appropriate accessory uses and allow for ownership of available home sites.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their respective district regulations).

Accessory buildings to main use.

Home occupations.

Manufactured housing/mobile home.

(c)     District development standards.

(1)     Lot area.

Transit stand–1,500 square feet.

Subdivided lot–4,000 square feet.

(2)     Lot width.

Transient stand–30 feet.

Subdivided lot–40 feet.

(3)     Minimum lot depth–80 feet.

(4)     Front yard.

Public right-of-way–30 feet.

Private drives 20 feet.

(5)     Side yards.

Abutting public right-of-way–30 feet.

Interior–ten feet on front side, five feet on other.

Minimum spacing–15 feet from any other mobile/modular home.

(6)     Rear yard.

Abutting public right-of-way–30 feet.

Interior–ten feet.

(7)     Perimeter yard–25 feet set back within MH district boundary line for structures, manufactured or mobile homes.

(8)     Maximum lot coverage–20 percent.

(9)     Common open/recreations space.

Twenty units or less–500 square feet per dwelling unit.

More than 20 units–10,000 square feet plus 250 square feet per dwelling unit over 20.

(10)     Height limit–two stories.

(11)     Minimum off-street parking–see article V.

In front of unit–two garage or carport spaces (carports may be located within two feet of private drive).

Behind the unit–two spaces on paved surface.

(12)     Signs–see article VI.

(13)     Landscaping–see article VII.

(14)     Screening–minimum six feet high wood screening fence around side and rear perimeter. Also see article VII.

(15)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(16)     Site plan approval requirements–over all plan required to be approve by city council prior to development. See article VIII.

(Ord. No. 1133, § 1(4-606), 3-22-94; Ord. No. 1445, § 5, 9-26-00; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-107     “R-3” multiple-family low density dwelling district

(a)     Purpose. The purpose of this district is to provide suitable areas for the development of residential housing in the form of attached townhouse dwelling units and low density multifamily residential at densities of up to 12 units per gross acre. Such development should be located in transitional type areas between lower density single-family residential uses and higher density multifamily residential uses. The developments should be designed in an architecturally unified manner and adequately accommodate the more intense vehicular parking and circulation needs of a more dense single-family development.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations).

Accessory buildings to main use.

Home occupations.

Apartments.

Townhouses or row houses (in accordance with the “TH” district).

Schools, parks, playgrounds.

Senior citizens-Assisted living.

Senior housing-Apartments.

(c)     District development standards.

(1)     Minimum lot area–20,000 square feet.

(2)     Minimum lot width–100 feet.

(3)     Minimum perimeter yards–Front yard (from front property line): 40 feet for one-story structure, 60 feet for two-story structure, 100 feet for three or more story structures.

–Side and rear yard: 25 feet for one-story structures, 50 feet for two-story structures, 75 feet for three or more story structures.

–Covered parking may extend to within one foot of side or rear lot lines (not adjacent to street right-of-way);

–Roof, balcony and porch overhang may extend into perimeter yards up to four feet;

–Fireplace masses and window boxes may extend into perimeter yards up to four feet;

–No stairways or columns shall extend into the perimeter yard;

–No parking permitted in the perimeter yard adjacent to public streets.

(4)     Maximum units per structure–Six units.

(5)     Maximum building coverage–40 percent of lot.

(6)     Minimum interior building spacing requirements–30 feet between walls having windows or doors in both walls;

–15 feet between window walls and blank walls;

–Ten feet between blank walls.

(7)     Maximum number of units by type.

–One bedroom: 50 percent.

(8)     Minimum interior landscaped area per dwelling unit (not including any street yard)–500 square feet per unit.

(9)     Minimum floor area per unit type.

–One bedroom: 690 square feet.

–Two bedroom: 980 square feet.

–Three bedroom: 1,100 square feet.

–Additional 250 square feet per added bedroom.

(10)     Maximum structure height.

Not adjacent to one- or two-family property–35 feet, no limit on roof height for structures located 100 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

(11)     Minimum distance to any public right-of-way or fire lane–100 feet.

(12)     Minimum off-street parking–1.5 parking spaces per unit + 0.5 per bedroom. See article V.

–Open carports in a street yard are not permitted. All vehicle parking located in any street yard shall be fully enclosed, with an architecturally compatible design.

–50 percent of parking must be located in a garage with direct access to the related dwelling unit.

–All required parking, located greater than 40 feet from any main structure, shall be covered parking and shall be architecturally compatible with the main structures in the project.

–A minimum of ten percent of all required parking shall be designated as guest parking and shall be clearly marked as reserved for guests and shall be in an area providing guest with unrestricted access to the guest parking spaces.

–Garages shall be designed with a minimum parking space measuring 12 feet by 20 feet in size with a minimum ten-foot door width.

–Runs of parking spaces shall be limited to a maximum of 12 spaces without a landscaped island. However, up to 16 spaces may be permitted in situations where it is required to save existing trees.

(13)     Signs–see article VI.

(14)     Landscaping and screening–see article VII.

–All utilities, such as gas meters, electrical meters and panels, fire control panels, telephone, CATV panels, and similar devices shall be screened from public view. Landscape screening as defined in article VII may be used to meet this requirement.

–Security gates and entrances must be provided and a turnaround prior to the gate must be provided.

–All screening structures must be of similar construction materials as the main buildings.

–A decorative masonry screening wall shall be located along the perimeter of the development. It may be constructed totally of masonry material or may include a combination of ornamental iron with masonry columns. The perimeter screening wall shall be of similar architectural style as the main structures.

(15)     Personal open space–One private usable open space per unit as follows:

–Balconies (above ground level) shall be a minimum of 65 square feet.

–Patios or yards (at ground level) shall be 100 square feet, the minimum depth shall be a minimum of six feet.

(16)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(17)     Privacy–Privacy features between buildings shall include the following:

–Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into adjacent units within the project.

–Units above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property.

–Landscaping shall be used to aid in privacy screening.

(18)     Personal storage area–A minimum of 80 cubic feet per dwelling unit of secured storage space, available only to the residents of the designated related dwelling unit shall be provided. This required storage may not be part of a habitable area but must share a common wall with the unit. However, the secured storage space may be located in the designated garage for a unit, but may not be located in the designated 12 feet by 20 feet parking area within the garage.

(19)     Architectural features–Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height.

–Techniques, such as varied setbacks, bay windows, balconies, and changes in material, color and texture, shall be used to articulate facades and side wall elevations. Where rear walls are visible from a public street, similar techniques shall be used.

–Flat roof design is prohibited. Gabled roofs or hipped roofs shall have a minimum pitch of 5:12.

–Each structure shall contain a transparent glass window or windows with an aggregate area of at least 20 percent of the front facade of that unit.

–All units shall have a minimum ceiling height of nine feet in the living areas, not including closets and storage spaces.

–Exterior construction shall consist of 90 percent masonry material (area containing glass shall be included in the 90 percent calculation).

(20)     Trash receptacles–There shall be one centralized trash collection point serving each multifamily development.

–No trash collection point shall be located within 100 feet of a property line.

–The centralized trash collection point shall not be located in any street yard.

–All trash receptacles shall be screened with a masonry wall of similar material as the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.

(21)     Utility services–All utility services shall be buried.

(22)     Entry feature–A main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks, sculptures and water, and street pavers, shall be provided. The entrance feature shall be consistent with the basic architectural theme of the development.

(23)     Traffic–A traffic impact analysis, prepared by a qualified traffic engineer, must accompany the site plan. However, the traffic impact analysis requirement may be excluded from the site plan if the city engineer determines that the analysis is not necessary for the multifamily development.

(Ord. No. 1133, § 1(4-607), 3-22-94; Ord. No. 1225, § 7, 12-12-96; Ord. No. 1239, § II, 7-8-97; Ord. No. 1535, § 1, 6-25-02)

   Sec. 84-107.5     “TH” townhouse dwelling district

(a)     Purpose. The purpose of this district is to provide suitable areas for the development of residential housing in the form of attached townhouse dwelling units. Such development should be located in transitional type areas between lower density single-family residential uses and higher density multifamily residential uses. The developments should be designed in an architecturally unified manner and adequately accommodate the more intense vehicular parking and circulation needs of a more dense single-family development.

(b)     Permitted primary uses. See Table 4-A for detail listing. General uses include:

Single-family detached, attached and duplex (subject to their district regulations)

Accessory buildings to main use

Home occupations

Townhouses or row houses

Schools, parks, playgrounds

(c)     District development standards.

(1)     Minimum lot area–2,200 square feet.

(2)     Minimum lot width–22 feet.

(3)     Minimum lot depth–100 feet.

(4)     Minimum floor area per unit–1,000 square feet per unit.

(5)     Minimum front yards–20 feet for private drives.

–25 feet for public streets.

(6)     Minimum rear yard–20 feet.

(7)     Minimum side yard–Zero feet for common walls.

–15 feet on end walls for interior lots.

–25 feet for side yards next to public streets on corner lots.

(8)     Maximum building coverage–40 percent of lot width.

(9)     Maximum units per structure–Four units.

(10)     Maximum structure height.

Not adjacent to one- or two-family property–45 feet, no limit on roof height for structures located 60 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–Single story for any structures located less than 60 feet from land zoned for one- or two-family dwelling purposes.

(11)     Exterior construction–90 percent masonry veneers.

(12)     Minimum off-street parking–see article V.

–Two garage spaces if located in front of unit.

–Two uncovered spaces if located behind the unit.

–See subsection (9).

(13)     Common walls between units–Two-hour fire rating with soundboard integrated between staggered wall studs extended through to roof deck.

(14)     Maximum distance to public right-of-way or fire lane–100 feet.

(15)     Signs–See article VI.

(16)     Landscaping and screening–See article VII.

(17)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(18)     Site plan approval–See article VIII. City council approval required prior to construction commencing.

(Ord. No. 1239, § I, 7-8-97; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-108     “R-4” multiple-family medium density dwelling district

(a)     Purpose. The purpose of this district is to provide suitable areas for the development of multifamily residential structures at moderate densities of up to 16 units per gross acre. Such areas should be characterized by generous open spaces, relatively low traffic generation, appropriate recreation amenities, and adequate accessory facilities and be located primarily as transitional buffers between lower density residential uses such as townhouses and more intensive residential and nonresidential land uses.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations).

Accessory buildings to main use.

Home occupations.

Apartments.

Townhouses or row houses (as described below).

Schools, parks, playgrounds.

Senior citizens–Assisted living.

Senior housing–Apartments.

(c)     District development standards.

(1)     Maximum density–16 dwelling units per acre.

(2)     Maximum units per structure–Ten units.

(3)     All other district development standards are the same as the R-3 district.

(Ord. No. 1133, § 1(4-608), 3-22-94; Ord. No. 1239, § II, 7-8-97; Ord. No. 1535, § 2, 6-25-02)

   Sec. 84-109     “R-5” multiple-family high density dwelling district

(a)     Purpose. The purpose of this district is to provide suitable areas for the development of multifamily residential structures at moderate densities of up to 24 units per gross acre. Such areas should be characterized by consolidated open spaces, relatively low traffic generation, a wide range of recreational amenities and adequate accessory facilities. This land use should be located in areas not suitable for lower density residential uses and can be used as transitional buffers between lower density residential uses such as townhouses and more intensive land uses.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Single-family detached, attached and duplex (subject their district regulations).

Accessory buildings to main use.

Home occupations.

Apartments.

Townhouses or row houses (as described below).

Schools, parks, playgrounds.

Senior citizens–Assisted living.

Senior housing–Apartments.

(c)     District development standards.

(1)     Maximum density–24 dwelling units per acre.

(2)     Maximum units per structure–12 units.

(3)     All other district development standards are the same as the R-3 district.

(Ord. No. 1133, § 1(4-609), 3-22-94; Ord. No. 1239, § II, 7-8-97; Ord. No. 1535, § 3, 6-25-02)

   Sec. 84-110     “C-1” neighborhood business district

(a)     Purpose. The intent of this district is to provide suitable areas for the development of certain limited business uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses should occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterial and be characterized by non-residential uses which have generous landscaping and do not attract long distance traffic trips.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Personal service shops and light retail stores.

Small professional offices, banks, studios.

Restaurants or cafes.

Schools.

Parks, playgrounds.

Outside sales, storage, or display prohibited, no service to automobiles.

(c)     District development standards.

(1)     Minimum lot area–none.

(2)     Minimum lot widths–none.

(3)     Minimum front yard–20 feet.

(4)     Minimum rear yard–15 feet.

(5)     Minimum side yard–none except when adjacent to land zoned for residential purposes then five feet.

(6)     Maximum structure height.

Not adjacent to one- or two-family property–35 feet, no limit on roof height for structures located 100 feet or more from land zoned for one- or two-family dwelling purposes.

Adjacent to one- or two-family property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

(7)     Minimum exterior facade–100 percent masonry facade on all wall elevations.

(8)     Minimum off–street parking–see article V.

(9)     Signs–see article VI.

(10)     Landscaping and screening–see article VII.

(11)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(12)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-610), 3-22-94; Ord. No. 1225, § 1, 12-12-96; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-111     “C-2” community business district

(a)     Purpose. The intent of this district is to provide suitable areas for the development of business uses which offer a wide variety of retail and service establishments that are generally oriented towards serving the overall needs of the entire community. Such uses generally include those retail, service and office activities that are usually found in major community shopping centers and in centralized commercial districts. This district should be the most widely applied business district in the city due to its generic service nature and provide for appropriate landscaping.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Large and small retailers and office uses.

Service establishments.

Hotels, motels, and travel lodges.

Medical and dental clinics.

Automotive repair and service shops.

Schools.

Parks, playgrounds.

No manufacturing or sales of secondhand goods.

(c)     District development standards.

(1)     Minimum lot area and width–none.

(2)     Minimum front yard–20 feet.

(3)     Minimum rear yard–15 feet.

(4)     Minimum side yard–none, except when adjacent to land zoned for residential purposes, then five feet.

(5)     Maximum height limit.

General–60 feet or four stories (which ever is less).

Public and semipublic uses–hotels, hospitals, schools, public buildings may be erected to 80 feet, provided all yards are increased an additional foot for each foot the building exceeds 60 feet.

Adjacent to residential–any structures located within 100 feet of land zoned for one- or two-family dwelling purposes are limited to a single story.

(6)     Minimum exterior facade–100 percent masonry facade on all wall elevations.

(7)     Minimum off-street parking–see article V.

(8)     Signs–see article VI.

(9)     Landscaping and screening–see article VII.

(10)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(11)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-611), 3-22-94; Ord. No. 1225, § 2, 12-12-96; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-112     “TX-10” Texas Highway 10 multi-use district

(a)     Purpose. The Texas Highway 10 multi-use district is intended to permit concentrated growth along the north and south sides of Texas Highway 10 with the development of business, industry and compatible support activities that maximize the potential for job growth, increase property values, and enhance the city's urban image along the State Highway 10 corridor. It specifically encourages those uses that will stimulate work force expansion, optimize employee to customer ratios, maximize the economic use of available land and encourage the redevelopment of land. It specifically discourages those uses which provide for marginal increases in job growth, promote idle land, and detract from the image enhancement intentions of this district

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Office, retail, warehousing.

Automotive repair and service shops.

Fabrication, assembly.

(c)     District development standards.

(1)     Minimum lot area–22,500 square feet.

(2)     Minimum lot width–130 feet.

(3)     Minimum front yard–20 feet if all is landscaped.

–30 feet if not all landscaped.

(4)     Minimum rear yard.

Adjacent to right-of-way–20 feet.

Adjacent to one- or two-family zoning–two feet of side yard per one foot of building height.

All other conditions–same as height of building (per UBC), however, not less than 10 feet.

(5)     Minimum side yard–same as minimum rear yard.

(6)     Maximum height limit.

Adjacent to residential–any structures located within 120 feet of land zoned for one- or two-family dwelling purposes are limited to a single story.

All other conditions–60 feet.

(7)     Minimum exterior facade–100 percent masonry facade on all wall elevations.

(8)     Minimum buffer adjacent to residential zoning–six feet high screening fence or wall on common property line, with evergreen shrubs planted within a minimum ten feet wide landscape strip along the screen. Shrubs to be four feet on centers, not less than three feet height at planting and not less than six feet high within three years after planting.

(9)     Outside sales area–permitted when less than 20 percent of gross floor area of building and not within street yard.

(10)     Open storage and use areas–must be paved and located behind structure;

–Screened from all streets, medical, hotels, shop centers, via six feet high masonry wall (see screening wall article VII);

–Screened on all other sides by chainlink fence w/ slats or better (see screening fence article VII);

–All materials stacked below height of screen;

–Not less than 25 feet to property zoned for one- or two-family use.

(11)     Loading docks–screened from street with masonry wing wall;

–Setback from street a minimum of 50 feet.

(12)     Recycling and dumpsters areas–screened with masonry wall (see wall article VII);

No closer than 20 feet to residentially zoned property.

(13)     Roof mounted equipment–screened with architecturally compatible material.

(14)     Meter and utility devices–screened with landscaping or architecturally compatible material.

(15)     Frontage landscaping–ten feet wide strip along front property line;

–One three-inch [caliper] tree per every 25 feet of frontage;

–Four shrubs per every 25 feet of frontage.

(16)     Parking lot landscaping–25 square feet per parking space;

–One tree for every ten parking spaces in street yard.

(17)     Minimum off-street parking–see article V.

(18)     Signs–see article VI.

(19)     Screening–see article VII.

(20)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(21)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-612), 3-22-94; Ord. No. 1225, § 11, 12-12-96; Ord. No. 1538, § 1, 6-25-02)

   Sec. 84-113     “LI” limited industrial district

(a)     Purpose. The intent of this district is to provide suitable areas for the development of industrial and manufacturing type uses which are characterized by exceptionally high developmental, operational and environmental standards. Such operations include those which are generally characterized by low traffic generation, minimal building coverage, generous setbacks, abundant open space and attractive site planning.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, light manufacturing.

(c)     District development standards.

(1)     Minimum front yard–50 feet.

(2)     Minimum side yards–20 feet.

(3)     Minimum rear yard–20 feet.

(4)     Maximum height limit–two stories and 45 feet.

(5)     Maximum floor area–2.5 times the buildable lot area (i.e., lot area less area of required yards).

(6)     Minimum exterior facade–100 percent masonry on street facing elevations; and 75 percent for all other wall elevations permitted if at least two of the following enhanced exterior masonry treatments or elements are incorporated into the design: enhanced course projections coining, coping, colonnades, cornice, pilaster, or other approved masonry enhancements as approved by the building official.

(7)     Minimum off-street parking–see article V.

(8)     Signs–see article VI.

(9)     Landscaped frontage–ten feet wide landscape strip adjacent to public right-of-way minimum of one three-inch caliper tree per 25 feet of street frontage with underground irrigation system.

(10)     Open storage and use areas–permitted within buildable area provided screened on all sides by the building or a view obstructing fence or wall not less than six feet high.

(11)     Minimum buffer adjacent to residential zoning–six feet high screening fence or wall on common property line, with evergreen shrubs planted within a minimum ten feet wide landscape strip along the screen. Shrubs to be four feet on centers, not less than three feet height at planting and not less than six feet high within three years after planting.

(12)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(13)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-613), 3-22-94; Ord. No. 1225, § 8, 12-12-96; Ord. No. 1538, § 1, 6-25-02; Ord. No. 1732, § 1, 4-11-06)

   Sec. 84-114     “I-1” light industrial district

(a)     Purpose. The intent of this district is to provide suitable areas for the development of industrial and manufacturing type uses which are characterized by exceptionally high developmental, operational and environmental standards. Such operations include those which are generally characterized by low traffic generation, minimal building coverage, generous setbacks, abundant open space and attractive site planning.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, light manufacturing.

(c)     District development standards.

(1)     Minimum front yard–20 feet.

(2)     Minimum side yards–none unless abuts lot used for dwelling then minimum of ten feet.

(3)     Minimum rear yard–none unless abuts lot used for dwelling then minimum of ten feet.

(4)     Maximum height limit.

Adjacent to one- or two-family zoned property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

Not adjacent to one- or two-family zoned property–No limitation.

(5)     Minimum exterior facade–100 percent masonry on street facing elevations; and 75 percent for all other wall elevations permitted if at least two of the following enhanced exterior masonry treatments or elements are incorporated into the design: enhanced course projections coining, coping, colonnades, cornice, pilaster, or other approved masonry enhancements as approved by the building official.

(6)     Minimum off-street parking–see article V.

(7)     Signs–see article VI.

(8)     Landscaping and screening–see article VII.

(9)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(10)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-614), 3-22-94; Ord. No. 1225, § 9, 12-12-96; Ord. No. 1538, § 1, 6-25-02; Ord. No. 1732, § 2, 4-11-06)

   Sec. 84-115     “I-2” heavy industrial district

(a)     Purpose. This district is much more liberal in permissive uses of industrial and manufacturing nature and functions and provides for the citing of enterprises that tend to emit odors, noises, dust, and vibrations and that are least compatible with other uses. As in the “I-1,” light manufacturing district, no new dwelling uses will be permitted other than those that are now present and as needed for caretakers and watchmen. Off-street parking and loading facilities are required to lessen congestion in the streets.

(b)     Permitted primary uses. See Table 4-A for detailed listing. General uses include:

Retail, office, warehousing, assembly, manufacturing.

(c)     District development standards.

(1)     Minimum front yard–20 feet.

(2)     Minimum side yard–none, unless abuts lot used for dwelling, then minimum of ten feet.

(3)     Minimum rear yard–none, unless abuts lot used for dwelling, then minimum of ten feet.

(4)     Maximum height limit.

Adjacent to one- or two-family zoned property–single story for any structures located less than 100 feet from land zoned for one- or two-family dwelling purposes.

Not adjacent to one- or two-family zoned property–no limitation.

(5)     Minimum exterior facade–100 percent masonry on street facing elevations; and 75 percent for all other wall elevations permitted if at least two of the following enhanced exterior masonry treatments or elements are incorporated into the design: enhanced course projections coining, coping, colonnades, cornice, pilaster, or other approved masonry enhancements as approved by the building official.

(6)     Minimum off-street parking–see article V.

(7)     Signs–see article VI.

(8)     Landscaping and screening–see article VII.

(9)     Utility services–All utility services shall be buried. See section 86-1(2)(k), construction standards for additional requirements.

(10)     Site plan approval–see article VIII. City council approval required prior to construction commencing.

(Ord. No. 1133, § 1(4-615), 3-22-94; Ord. No. 1225, § 10, 12-12-96; Ord. No. 1538, § 1, 6-25-02; Ord. No. 1732, § 3, 4-11-06)

   Sec. 84-116     “TX-121” the 121 Gateway district

(a)     Purpose. The State Highway 121 area by virtue of its location, depth, width, size and visibility lends itself to a multi-use or mixed-use development pattern. It is envisioned that a variety of uses including retail and wholesale commercial, office, business and personal services, entertainment, educational and residential developments should be encouraged to occur in proximity to each other. Further, it is intended that these uses possess site designs, architectural themes and overall spatial relationships that serve to complement and enhance the economic and aesthetic value of the State Highway 121 Gateway area as a whole.

(b)     Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and specific requirement, the specific requirement shall be applicable.

(c)     District development standards.

(1)

Minimum lot area:

 
 

• Residential

 
 

     SF detached

10,000 square feet.

 

• Nonresidential

No minimum lot area.

(2)

Minimum lot width:

 
 

• Residential

 
 

     SF detached

100 feet.

 

• Nonresidential

No minimum lot width.

(3)

Minimum front yard:

 
 

• Residential

30 feet.

 

• Nonresidential

20 feet.

(4)

Minimum side yard:

 
 

• Residential

10 feet from other residential.

  

15 feet on interior side yard end walls.

  

15 feet from nonresidential.

  

20 feet for corner lots on public streets.

 

Nonresidential

0 feet from nonresidential.

  

20 feet from residential.

  

20 feet for corner lots on public streets.

(5)

Minimum rear yard:

 
 

• Residential

25 feet.

 

• Nonresidential

Equal to height of structure within 100 feet of residentially zoned or used property; minimum of 15 feet.

(6)

Maximum lot coverage:

 
 

Building including parking garages.

 
 

• Residential

60 percent.

 

• Nonresidential

80 percent.

 

Minimum living floor area:

2,500 square feet

(7)

Maximum floor area ratio:

 
 

• Standard:

3:1.

 

• With TDR's

6:1 maximum.

(8)

Maximum residential density:

 
 

• Residential

Limited by lot size.

(9)

Maximum structure height:

 

(10)

Utility services:

See section 86-1(2)(k), construction standards, for additional requirements.

 

All utility services shall be buried.

 

Definition: Height is defined in the Uniform Building Code as “the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum is the elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance from the building ... or an elevation 10 feet higher than the lowest grade ... whichever yields a greater height of buildings.

a.     East of State Highway 121: The maximum height for the first 100 feet of those portions of this district that are adjacent to single-family zoning shall not exceed 36 feet. From a point that is 100 feet from a single-family zoning district and starting 36 feet above grade, height may increase at a rate of one foot of height for each two feet of horizontal distance. At a distance of 568 feet from a single-family-zoning district, the residential proximity slope no longer applies. (See Exhibit B)

b.     West of State Highway 121: There are no height limitations west of State Highway 121.

(d)     Minimum tower separation: This standard applies to any building that exceeds 60 feet in height within 250 feet of the right-of-way line of State Highway 121 (SH 121).

(1)     Twin tower development is encouraged.

(2)     Buildings designed with facades at a 45-degree angle to SH 121 right-of-way are encouraged.

(3)     Any building or combination of buildings having a building footprint that exceeds 50,000 square feet shall be separated from another building or combination of buildings, on the same platted lot, a minimum of 80 feet. (See Figure 1)

(4)     If the depth of the building is greater than the width of the building as measured perpendicular to the SH 121 right-of-way, an additional minimum separation of one-half the difference shall be added to the required 80-foot separation. For building configurations which result in building separations in excess of 120 feet, alternative spacing requirements may be considered and approved by the development review committee for buildings on the same platted lot. (See Figure 2)

(5)     Buildings that are more than twice as wide as their depth shall have 80 feet of building separation for every 200 feet of width, or portion thereof. (See Figure 3)

(6)     Buildings or combinations of buildings that are constructed so that facades are at an angle of 45 degrees to the SH 121 right-of-way shall have a minimum separation between buildings or combinations of buildings, not on the same platted lot, of 200 feet. (See Figure 4)

(7)     Buildings or combinations of buildings that are constructed so that facades are parallel to the SH 121 right-of-way, shall have a minimum separation between buildings or combinations of buildings, not on the same platted lot, of 300 feet. (See Figure 5)

(8)     Buildings that are constructed parallel to the SH 121 right-of-way and which are adjacent to a building on another platted lot which is constructed at a 45-degree angle to the SH 121 right-of-way, shall maintain a 250 foot building separation. (See Figure 6)

(e)     Minimum exterior facade:

(1)     Residential

Facing Street .....90 percent

All Other Elevations .....90 percent

(2)     Nonresidential

Facing Street .....100 percent

All Other Elevations .....100 percent

(3)     Facade materials shall include architectural split face block, thin-wall brick, one-coat stucco, and natural stone.

(f)     Landscaping: Shall conform to City of Euless Unified Development Code (UDC) article VII, landscape design requirements.

(1)     Plus the following conditions:

Minimum Landscape Edge (ten feet) (exclusive of R.O.W.).

Required trees must be three inches caliper when planted.

Two ornamental trees may substitute for one canopy tree.

An approved existing tree with six-inch diameter plus 15 feet tall may substitute for two required trees.

(2)     Plus two design standards: (choose two from below)

Enhanced perimeter landscape edge (15 feet) OR

Enhanced vehicular pavement (brick, stamped concrete, or pavers) OR

Permeable enhanced pavement (includes pavers with grass) OR

Pedestrian facilities, (i.e.plazas, fountains, lakes, benches, etc.) OR

Foundation planting strip (may include containers) OR

Enhanced pedestrian pavement (brick, stamped concrete or pavers)

(3)     Plus parking lot landscaping:

Any parking area of 20 or more spaces shall have interior landscaping

Shrubs along parking areas must be maintained at a maximum height of 24 inches

Required trees must be three inches caliper when planted

One space per each 20 shall be landscaped:

May be all groundcover or turf if island contains a tree

Two shrubs may be substituted for each 10 SF of groundcover or turf.

(g)     Screening: Shall conform to City of Euless UDC article VII screening requirements.

(1)     The solid masonry screening wall may use any of the materials described in the minimum exterior facade section.

(2)     All service corridors and loading areas shall be screened.

(3)     Open storage permitted in buildable area if screened on all sides with a fence or wall as required by UDC article VII.

(4)     Six foot solid perimeter masonry fence or wall shall be required along all contiguous residential use.

(h)     Site plan approval: Site plan approval shall be required as per UDC article VIII.

(i)     Off-street parking:

(1)     Uses with non-conflicting hours of operation may share parking to satisfy parking requirements.

(2)     The combined total of required parking may be reduced by the amount in the following matrix to allow shared parking.

a.     Office Use in excess of 125,000 SF.

When combined with hotel, motels or office use with a minimum of 125 guestrooms, parking may be reduced by ten percent.

When combined with office, retail, business, or personal service of a minimum of 20,000 SF, parking may be reduced by ten percent.

When combined with amusement or recreational services, parking may be reduced by 50 percent.

When combined with eating, drinking or restaurant-type uses, parking may be reduced by 50 percent.

b.     Hotel and Motel Use with a minimum of 125 guest rooms.

When combined with hotel, motel and office uses with a minimum of 125,000 SF, parking may be reduced by ten percent.

When combined with hotel, motel, retail, business, or personal service of a minimum of 20,000 SF, parking may be reduced by ten percent.

When combined with amusement or recreational services, parking may be reduced by 50 percent.

When combined with eating, drinking or restaurant-type uses, parking may be reduced by 50 percent.

c.     Retail, business and personal service use with a minimum of 20,000 SF.

When combined with office, retail, business or personal services with a minimum of 125,000 SF, parking may be reduced by ten percent.

When combined with hotel, motel, retail, business or personal service uses when the hotel has a minimum of 125 guest rooms, parking may be reduced by 50 percent.

d.     Retail mall use with a minimum of 250,000 SF.

When combined with all other uses except amusement and recreational uses, parking may be reduced by ten percent.

When combined with amusement and entertainment uses, parking may be reduced by 50 percent.

(j)     Parking lot design: Shall conform to City of Euless Unified Development Code (UDC) article V, Off-Street Parking, Loading, and Driveway Standards, plus the following:

(1)     Shared drives shall have the following stacking distance:

48 feet from SH 121.

38 feet from all other roads.

(2)     Curbs shall be provided on all drives and parking areas.

(3)     Enhanced pavement is required for main driveway entrances for a depth equal to the landscape buffer.

(4)     Enhanced pavement materials shall include paving, such as brick, stamped concrete or architectural pavers or a combination of materials reflecting the overall project design.

(5)     The spacing and total number of site access driveways will be evaluated on a project by project basis. Driveway location and quantity will be conceptually identified during the land plan and/or specific use permit stage of a project's development. Further refinement and final determination will be made through either site plan or planned development site plan approval. Shared access (mutual access) easements and improvements are strongly encouraged and may be required.

(6)     The spacing and number of driveways, as well as the possible requirement for shared access easements and improvements will be determined by the joint analysis and decision of the city engineer and the director of planning and development. Factors to be considered include, but are not limited to, intersection geometrics, tract or lot linear frontage, physical and functional roadway characteristics, types of land uses and their operational requirements, life/safety concerns and market-based needs and trends.

(7)     Parking shall be permitted within street yards.

(k)     Pedestrian circulation:

(1)     Walkways and pedestrian connections shall be clearly marked with the use of enhanced paving, such as brick, stamped concrete or architectural pavers or a combination of materials reflecting the overall project design.

(2)     Pedestrian access to public open space shall be provided.

(3)     Enhanced pavement walkways shall be used wherever there may be a presumed conflict between pedestrians and vehicular traffic. The enhanced pavement shall alert the motorist of the potential pedestrian crossing. Locations typically shall occur between buildings that are linked across parking areas.

(l)     Signs in Nonresidential areas:

(1)     Signs used in this district must complement the overall project architecture.

(2)     Signs shall comply with UDC article VI, except no roof or projection type signs shall be permitted.

(m)     Lighting: Lighting shall conform to the City of Euless UDC article V.

(1)     Parking lot lighting used in this district must complement the overall project architecture.

(2)     Maximum height for parking light standards shall be 30 feet.

(n)     Special Exceptions: Exceptions to these development standards may be granted through the procedures provided for by the UDC.

(o)     Transfer of Development Rights (TDR) and Floor to Area Ratio (FAR) Assignment.

(1)     Description:

a.     Transfer of development rights: This concept allows unused building rights to be transferred from one property to another within the boundaries of this district.

b.     Floor to area ratio: This is a ratio of the amount of building that may be constructed as it relates to the amount of square footage of property. For instance, a FAR of 3 to 1 allows three square feet of building for each square foot of land.

All land with this district is assigned a base floor to area ratio (FAR) of 3 to 1 (three square feet of building for each square foot of land). A property owner may sell or otherwise convey excess or unused FAR to another site within this planned development whether the conveyance is from a building site or undeveloped piece of property. Under no circumstances shall more than 2.75 FAR be transferred from any building site or property within this district. The FAR for any parcel shall not exceed 6:1.

If for instance, all of the development on a building site uses less than the base FAR, then the unused difference in FAR may be transferred to another building site or piece of property within the district. While the unused FAR may be transferred to another building site or piece of property, the development standards (i.e. height, lot coverage, setbacks, etc.) for the receiving building site or piece of property may not be violated.

(2)     Process: When FAR is transferred from one property to another, the owner of the development rights shall:

a.     Submit to the city information regarding the transfer in a form that is suitable for filing in Tarrant County deed records. This information shall include:

1.     The names and addresses of the owner(s) of the development rights

2.     Street address, lot and block numbers, and/or legal description of the property from which the development rights are to be transferred.

3.     Street address, lot and block numbers, and/or legal description of the property to which the development rights are to be transferred.

4.     An account tabulation of the following for both the transferring and receiving tracts:

i.     The amount of development rights (in square footage and FAR) available,

ii.     The amount of development rights (in square footage and FAR) transferable, and

iii.     The balance of development rights (in square footage and FAR) remaining.

b.     Within 30 days of the submission of the information, the director of the department of planning and development shall review the information. If the information is found to be complete, the director shall sign the form attesting that the information provided complies with the requirements of this section. If the director finds that the information is insufficient or in error, the director shall notify the applicant of those deficiencies and the applicant shall correct the deficiencies and may resubmit the application. A new 30-day review period commences with the re-submittal of the information.

c.     Once the director has approved the information, the city shall file the form in the Tarrant County deed records, at the applicant's expense.

d.     The recipient of transferred development rights may transfer those rights to another property in this district by following the procedures outlined in this section.

e.     The city shall maintain a record of development rights transfers.

f.     All transfer of development rights (TDR) applications shall be submitted to the city for review along with an application and review fee as specified in chapter 30 in this Code.

g.     Any accumulation of FAR (i.e., through the transfer of development rights) that occurs without the review and attestation of the director of planning and development, shall be void and shall not be binding upon the city, and also may result in denial of building permits, certificates of occupancy, and/or withholding of utilities.

(Ord. No. 1310, § I, 9-8-98; Ord. No. 1538, § 2, 6-25-02)

   Sec. 84-117     Main Street sign regulations

(a)     Purpose and district boundaries. The intent of this section is to provide signage standards for a defined area of Main Street. The boundaries are established as property abutting North Main Street between the center lines of South Pipeline Road and Glade Road or a sign located on an intersecting street, which sign is located within 300 feet of the nearest right-of-way line of Main Street. It is hereby declared to be the intent of this section to establish reasonable development standards that permit and control business signage within the area:

(1)     Encourage commercial and office signage that fits the architectural scale of Main Street.

(2)     Limit and discourage signage that creates traffic hazards and congestion.

(3)     Encourage visual and functional harmony among allowed signage.

(b)     Definitions and sign classifications. See art. VI. sec. 84-232 and the following definitions

Single tenant sign. A sign that contains information about one business only.

Multi-tenant sign. A sign that contains information about multiple businesses.

Directional sign. A sign that contains information about traffic circulation on the property or between the property and a public road (i.e. entry, exit, drive-through lane, etc.)

(c)     Non-conforming signs, permits, and conditions.

Signs:

A sign that would not be permitted as a new sign under this section, but which was lawfully existing on the effective date of these regulations, but which by reason of its size, height, location, design construction or operational use is not in conformance with the requirements of these regulations, shall be issued a nonconforming sign permit by the city. An applicant may appeal the standards of this section on a hardship basis to the city council.

Such permit shall allow the sign subject to such permit, which was made nonconforming by the adoption of these regulations, to remain in place and operational, provided that no action is taken which increases the degree or extent of the nonconformity, and that such nonconforming use (if applicable) remains in uninterrupted and continuous use during such time. The continued existence of such nonconforming sign shall, however, be subject to the authority of the city to order discontinuous of use under the provisions of the Texas Local Government Code.

Nonconforming sign permits shall lapse if a nonconforming sign is discontinued or interrupted for a period exceeding 90 calendar days. A change in the information on the face of an existing nonconforming sign will be permitted, however, any nonconforming sign shall be eliminated or made to conform to the requirements of this section when any proposed change, repair, or maintenance constitutes an expense of more than 25 percent of the replacement value of the sign.

(d)     District sign standards.

(1)     Other business signs. See art. VI., Signs and street regulations.

(2)     Non-attached signs. An on-premises pole sign shall be allowed within the front building setback for properties in the area that have public road frontage along State Highway 183, subject to the requirements of article VI.

(3)     Non-attached signs. Monument signs, both single tenant and multi-tenant signs, shall be allowed, subject to the following requirements:

a.     Number of signs allowed. A single monument sign shall be allowed per property. It shall be located on the same property as the business it is identifying.

b.     Street property line and side property lines setback. See art. VI., sec. 84-234, subject to the approval of the engineering director with regard to sight distance or circulation conditions

c.     Single tenant sign.

1.     The sign shall be limited to a maximum of eight feet above the nearest top of curb elevation.

2.     The total sign face area shall be limited to a maximum of 50 square feet (100 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure.

3.     The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements.)

d.     Multi-tenant sign.

1.     The sign shall be limited to a maximum of 12 feet above the nearest top of curb elevation.

2.     The total sign face area shall be limited to a maximum of 150 square feet (300 square feet for both sides), measured from outer edge to outer edge, and from grade to the tallest part of the sign structure.

3.     The sign may contain a maximum of two announcement surfaces. (An applicant may construct a sign of varying width and height within these requirements).

e.     Allowed materials for sign and base.

1.     The signs permitted by this section may be constructed of materials approved by the prevailing building and electrical codes of the city.

2.     The sign must be placed on a masonry base. Approved base materials include concrete, stone, brick or other masonry that compliments the architecture of the primary building.

3.     In the event that a concrete base is constructed, screening of the base is required with landscaping and irrigation.

4.     The construction of the signs will be subject to the prevailing building, electrical, mechanical, and other appropriate codes as required for a permit to be issued for other structures.

f.     Directional signage may be allowed, but only at the discretion of the planning director and engineering director.

g.     Lighting of signs. The signs permitted in this section, if illuminated, shall be internally lit.

h.     Intensity of lighting.

1.     Signs shall not be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of, or cause confusion to the operator of a motor vehicle on the public streets.

2.     Signs which are lighted or illuminated to an intensity in excess of that of a public streetlight (400 watts) shall not be constructed or maintained within 200 feet of and facing property in a residential zone. The building official shall approve intensities of illumination in all cases.

i.     The signs permitted in this section shall not contain any moving parts, blinking lights, and dimming lights or the like, and shall otherwise conform to section 84-239, prohibitive sign characteristics.

j.     Property address. The signs permitted in this section must contain the property address in block letters at least 8 inches in height that are easily read from the street. The property address shall be considered to be a part of the allowed square footage of the sign.

k.     Signage text.

1.     The signs shall be limited to the name and/or type of business only. There shall be no advertising allowed on the signage, and no posting of other messages, labels, or logos beyond that of the primary tenant.

2.     An exception is allowed for the posting of gasoline pricing for a convenience store, within the allowed square footage of the monument sign.

l.     Parking standards. A monument sign, together with landscaping at its base, may occupy an area of the site that would otherwise be devoted to meeting the off-street parking standards outlined in article V of this chapter. If a monument sign is sited in place of a parking space that would meet the standards of article V, the number of required off-street parking spaces may be reduced by one parking space.

m.     Landscaping of sign islands. Shall conform to the City of Euless Unified Development Code (UDC) art. VII. Landscaping, fences, walls, screening and outdoor storage requirements and the following conditions:

1.     Such landscaping shall consist of: a) all groundcover or turf if the sign island contains a tree; or b) two shrubs may be substituted for each ten square feet of groundcover or turf.

2.     Landscaping installed in conjunction with signage requirements outlined in this section shall be counted toward required interior landscaping.

3.     Shrubs shall be maintained at a maximum height of 24 inches.

(e)     Special exceptions. Exceptions to these development standards may be granted through the procedures provided by this chapter.

(f)     Additional standards and criteria for special exceptions and special use permits. The city council may authorize a sign as a special exception or approve a sign under a special use permit if the proposed use conforms to the following criteria:

1.     The proposed sign is of a similar architectural scale to existing development in the district or will use an existing building for its purposes.

2.     The proposed sign may be shared by other on-site businesses, or is designed to permit such sharing when and if it becomes feasible.

3.     Council determination that the applicant has made a reasonable and good faith effort to comply with these regulations.

(Ord. No. 1472, § I, 5-8-01)

   Secs. 84-118–84-129     Reserved

   Division 3. Exceptions to District Site Development Standards

   Sec. 84-130     Exceptions to district site development standards

Except as approved by the board of adjustment, only the specific exception to the district site development standards shall be permitted and then only when complying to the conditions, if any, specified.

(1)     Height exceptions. Height regulations shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator penthouses, storage towers, flag poles, monuments, ornamental towers, cranes, construction equipment, stage towers and scenery lofts, water tanks, microwave relay stations, and radio and television transmission towers.

(2)     Height extensions. A permitted nonresidential structure in any zoning district may exceed maximum height limits with a specific use permit, provided that there shall be an additional two feet of required yard setback for each one foot of additional height.

(3)     Unobstructed open space. All required permeable areas shall be unoccupied and completely unobstructed except for meter pits extending not more than six inches above grade, lawn sprinklers, landscaping, ordinary and necessary service line conduits and poles for utilities, lighting fixtures, signs within the limits herein prescribed, or underground installations accessory to any permitted use.

(4)     Front yard obstructions. Front yards on private streets may contain carports. However, in no case shall they be located nearer than two feet from the front property line, fire lane or private drive.

(5)     Side yard projections. Sills, belt courses and cornices may project up to two feet into required side yard.

(6)     Side yard exemptions. Side yards shall not be required for abutting nonresidential properties in the same zoning district if both properties are developed as a unit under a common development plan.

(7)     Rear yard overhangs. Roof, balcony and porch overhangs may project up to four feet into required rear yards.

(8)     Rear yard projections. Fireplace masses, bay windows and window boxes may project up to three feet into required rear yards.

(9)     Rear yard exemptions. Where a lot fronts on two streets within 30 degrees of being parallel but not at their intersection, no rear setback shall be required.

(10)     Front setback consistency. Where properties along one side of a street in the same block are zoned differently, the front setback of the most restrictive district shall apply to the entire block.

(11)     Corner/reverse frontage setbacks. On the street side of corner lots, required side yards shall be not less than 15 feet in depth, and in the case of reverse frontage lots, there shall be a rear yard depth equal to the front yard depth of the lots to the rear.

(12)     Lots of record. On any lot-of-record held under separate ownership from adjoining lots at the time of passage of this chapter, a single-family detached dwelling may be erected even though the lot may be of less area than required by the district in which it is located; provided, however, that the combined area of the dwelling and any accessory structures shall not cover more than 40 percent of the total lot area.

(13)     Conflicting ordinances. Where a setback line has been established by another ordinance or by approved plat filed of record and such line requires a greater distance than is prescribed by this chapter for the district in which the building line is located, the minimum required setback shall comply with the line so established by such ordinance or approved plat filed of record.

(14)      Roof pitch exceptions. No minimum roof pitch regulation shall be required for a single-family detached dwelling constructed on a parcel one (1) acre in size or greater, provided that all other district site development standards are in compliance.

(Ord. No. 1133, § 1(4-700), 3-22-94; Ord. No. 2151, §, 4-25-17)

   Secs. 84-131–84-139     Reserved

   Division 4. Planned Development District

   Sec. 84-140     “PD” planned development district

These regulations are designed to provide flexibility of planning and development of large scale, multi-use or in environmentally sensitive areas. The planned development district is a specific zoning district that is governed by specific plans approved by the city council.

(1)     Permitted uses. Uses permitted in a “PD” district may include any one or combination of the uses set forth in Table 4-A, subject to the issuance of a specific use permit.

(2)     Procedures. Prior to the issuance of a specific use permit or building permit for property located in a “PD” district, a general plan shall be submitted identifying proposed land uses, densities, major open spaces, circulation patterns and access features, and including a statement indicating proposed phasing of development and the projected timing of each phase. The commission shall review and forward the plan with its recommendation to the council. The council shall not approve a “PD” plan which has not been recommended for approval by the commission except by a favorable vote of 3/4 of all the members of the Council. advertisement and public hearing shall be held by the commission and council in accordance with the notification procedure set forth for a rezoning application.

(3)     Minimum size requirement. A “PD” district may be authorized only on sites containing five or more acres, except in infill or transition areas where there shall be no minimum size requirements.

(4)     Cluster housing. If the proposed “PD” project contains cluster housing, the minimum standards and requirements shall apply as set forth for cluster housing in the R-1A district.

(5)     Development standards. In approving applications for the “PD” district, the council may impose any reasonable requirements necessary to protect the public interest, adjacent properties and welfare of the community. The minimum requirements established shall be those of the least intensive district in which the use or uses are allowed.

a.     Site development standards. The site development standard of the least intensive district in which the use or uses are allowed shall constitute the minimum site development requirements unless differing requirements are approved by council; provided, however, that the council may impose stricter requirements in order to minimize incompatibilities;

b.     Parking regulations. Unless otherwise indicated on the approved site plan, the parking requirements set forth in article V of this chapter apply.

c.     Sign regulations. Unless indicated on the approved site plan, the sign regulations as set forth in article VI of this chapter shall apply.

(6)     Council waivers. In environmentally sensitive areas or in larger mixed use projects, the council is authorized to modify or waive any minimum development standards in consideration for superior site design standards and public improvements that are deemed to be in the public interest. Under no circumstances should the “PD” district be used as a device to circumvent minimum standards.

(7)     Development schedule.

a.     Application. The city council may require an application for a “PD” district be accompanied by a development schedule indicating the approximate date on which construction is expected to commence and the rate of anticipated development to completion. The development schedule, if approved by council, shall become part of the general plan and shall be adhered to by the owner, developer and his or her successors in interest. The administrator shall report annually to the commission the actual development accomplished as compared with the development schedule.

b.     Failure to meet schedule. If in the opinion of the city council, the owner or owners of property are failing or have failed to meet the approved schedule, the city council may initiate proceedings to amend the zoning district map or the “PD” district by removing all or part of the “PD” district from the zoning district map and placing the area involved in another appropriate zoning district. Upon recommendation of the commission and for good cause shown by the owner and developer, the council may also extend or amend the development schedule as may be indicated by the facts and conditions of the case.

(8)     All community unit developments. (CUD) Special planned unit developments (SPUD) that may have been approved prior to the adoption of these regulations shall comply with the site plan and conditions approved with its original adoption. Amendment to any CUD or SPUD shall require compliance with the PD regulations.

(9)     Landscaping, screening and outdoor storage regulations. Unless indicated on the approved site plan, the landscaping, screening and outdoor storage regulations of article VII shall apply.

(Ord. No. 1133, § 1(4-800), 3-22-94)

   Secs. 84-141–84-149     Reserved

   Division 5. Specific Use Permits

   Sec. 84-150     Specific use permits

The purpose of a specific use permit is to provide the council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses may have unusual physical or operational characteristics or may be of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the uses' relationship to public planning policies, or possible adverse impact on neighboring property of the use, heightened review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed uses are required.

(1)     Permit required. No land or building shall be used or occupied by any use requiring a specific use permit, as specified in Table 4-A herein, unless a specific use permit has first been issued in accordance with the provisions of this section.

(Ord. No. 1133, § 1(4-900), 3-22-94)

   Sec. 84-151     Application procedure

(a)     An application for a specific use permit shall be filed with the city planning department on a form prepared by the city. The application shall be accompanied by the following:

(1)     A completed application form signed by the property owner;

(2)     An application fee as established by the city's latest adopted “schedule of fees”;

(3)     A certificate stating that all city and school taxes have been paid current-to-date;

(4)     A property description of the area where the specific use permit is proposed to apply;

(5)     A site plan complying with the requirements stated herein which will become a part of the specific use permit, if approved, and;

(6)     Any other material and/or information as may be required by the planning and zoning commission, the city council or the city manager to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City of Euless.

(b)     A site plan shall contain, at a minimum, the following information:

(1)     Boundary of the area covered by the site plan;

(2)     A description of all processes and activities involved in the proposed use;

(3)     Existing and proposed buildings and structures, including their height, roof line, gross floor area, location of entrances and exits, areas for storage, and areas where work is performed;

(4)     Existing drainage ways and significant natural features, such as large trees, tree clusters, steep slopes, etc.;

(5)     Proposed landscaping and screening buffers;

(6)     Location and dimensions of all curb lines, public and private streets, easements, parking and loading areas, pedestrian walkways, lighting facilities, and outside trash storage facilities;

(7)     The location, height, and type of wall, fence and/or other type of screening; and

(8)     The location, height and size of all proposed signs.

(c)     The following additional information shall be provided prior to approval subject to the provisions of section 84-152.

(1)     Any final environmental assessment and/or final environmental impact statement that may be required pursuant to state or federal statutes;

(2)     Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;

(3)     Copies of studies or analyses upon which alternatives have been considered and evaluated;

(4)     Description of the present use, assessed value and actual value of the land affected by the proposed facility;

(5)     Description of the proposed use, anticipated assessed value and supporting documentation;

(6)     A description of any long term plans or master plan for the future use or development of the property;

(7)     A description of the applicant's ability to obtain needed easements to serve the proposed use;

(8)     A description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land use patterns;

(9)     A description of any special construction requirements that may be necessary for any construction or development on the subject property;

(10)     If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified professional engineer qualified in the field of traffic engineering and forecasting;

(12)     If the proposed use will result in the production of noise of 50 DBa at the property line from 10:00 p.m. through 7:00 a.m., or 55 DBa at the property line from 7:00 a.m. through 10:00 p.m., a map showing projected noise at 55, 60, 65, 70 and 75 ldn noise contours, data showing projected distribution of single event noise events for each half hour throughout the day, including expectant decibel levels and duration of noise events, and projected cumulative noise totals from all facility-related noise.

(Ord. No. 1133, § 1(4-901), 3-22-94)

   Sec. 84-152     Waiver of permit requirements

Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the city council, upon recommendation by the planning and zoning commission, may waive any part, or all, of the application requirements imposed by section 84-151.

The city council may grant such a waiver only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.

(Ord. No. 1133, § 1(4-902), 3-22-94)

   Sec. 84-153     Conditions of permit approval

A specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:

(1)     The proposed use complies with all the requirements of the zoning district in which the specific use permit is located;

(2)     The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city;

(3)     The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use;

(4)     Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided;

(5)     The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

(6)     The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property;

(7)     The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood;

(8)     The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity;

(9)     Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight;

(10)     Sufficient on-site lighting is provided for adequate safety of patrons, employees and property and that such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties;

(11)     There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties;

(12)     The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs;

(13)     The proposed use is in accordance with the city's comprehensive plan.

(Ord. No. 1133, § 1(4-903), 3-22-94)

   Sec. 84-154     Additional conditions

In authorizing a specific use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community, including by way of example and without limitation thereto conditions that the specific use permit extend only to the applicant or for a specified term.

(Ord. No. 1133, § 1(4-904), 3-22-94; Ord. No. 1232, § 3, 4-8-97)

   Sec. 84-155     Governmental immunity

Upon petition of the applicant, the city council may officially recognize that the applicant is immune from the requirements of complying with the city's zoning ordinance for a proposed building, structure, use, development or activity, (a) if required by state or federal statutes, or (b) in the absence of such statutes, upon consideration and balancing of all relative factors, including:

(1)     The impact of zoning compliance upon a proposed building, structure, use, development or activity;

(2)     The impact of a proposed building, structure, use, development or activity on the city;

(3)     Whether the site selected is the most prudent and feasible location for the proposed building, structure, use, development or activity;

(4)     The need of the applicant and the region for the proposed use, development or activity.

(Ord. No. 1133, § 1(4-905), 3-22-94)

   Sec. 84-156     Time limit

A specific use permit issued under this section shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially under way during the two-year period, or unless an extension of time is approved by the city council.

(Ord. No. 1133, § 1(4-906), 3-22-94)

   Sec. 84-157     Revocation of permit

A specific use permit may be revoked or modified, after notice and hearing for either of the following reasons:

(1)     The permit was obtained or extended by fraud or deception;

(2)     One or more of the conditions imposed by the permit has not been met or has been violated.

(Ord. No. 1133, § 1(4-907), 3-22-94)

   Sec. 84-158     Amendments

The procedure for amending a specific use permit shall be the same as for a new application, provided, the administrator may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ord. No. 1133, § 1(4-908), 3-22-94)

   Secs. 84-159–84-179     Reserved

   Division 6. Supplemental Regulations Applicable to All Districts

   Sec. 84-180     Established

In addition to the regulations for the zoning district in which the property is located the following supplemental regulations shall apply.

(Ord. No. 1133, § 1(4-1000), 3-22-94)

   Sec. 84-181     Exterior facade requirements

(a)     In order to enhance the overall visual image of the city and to encourage some degree of design consistency, exterior masonry facades on all structures shall be provided as specified in the district site development standard for that particular zoning district.

(1)     Street facing walls. Street facing walls shall be deemed any exterior wall elevation visible from the street and having an angle of less than 80 degrees from the building line cord.

(2)     Calculations. In determining the wall area, the entire elevation from the foundation to the top plate exclusive of doors, windows and other penetrations shall be used.

(3)     Acceptable masonry facade material. Only the following materials shall be considered as meeting the masonry requirements in any zoning district: natural stone, brick, precast concrete panels, true stucco, and/or glazed (common smooth face masonry units or smooth tilt wall surface are specifically prohibited unless used in combination with other types of concrete masonry units, and architectural enhancements on tilt wall, and do not exceed 25 percent of the area covered by concrete masonry units or tilt walls).

(4)     Exceptions to exterior masonry facade standards for R-1, R-1C, and R-1L zoning districts.

a.     Maintaining existing masonry percentage for a remodel or reconstruction of existing residential structures: At the time a building permit application is made, the existing masonry facade percentage shall be maintained, or exceeded, on the front and side elevations of existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L. An alternative building material, such as fiber cement board, is permissible as an acceptable facade material when applied to the rear elevation or second story addition to an existing garage.

b.     Use of alternative building materials for a remodel or reconstruction of existing residential structures: At the time a building permit is issued, an exception for existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L, remodel or reconstruction, may be granted to use an alternative building material, such as fiber cement board, as an acceptable facade material when applied to the front or side elevation when meeting the following requirements:

1.     The building official finds that literal enforcement of the masonry requirements will create unnecessary hardship because of extraordinary or exceptional physical condition(s) or situation(s), excluding financial hardship(s), unique to the specific piece of property. Such an exception would be granted based on information provided by a State of Texas registered structural engineer. Exceptions approved by the building official shall be in effect for only the structure specifically authorized by the building official and shall become null and void should no building permit be issued within 90 days or should the building permit for the specific structure expire.

2.     Prior to the building official making a determination, all property owners within 200 feet of the applicant's property would be provided written notification regarding the applicant's proposed use of alternative building materials. These property owners are provided the opportunity to contact the building official for additional information and, within 15 days of such notice being sent out, to submit in writing to the director of planning and development, a protest to the applicant's request. If a written protest against such a proposal has been received by the director of planning and development from 20 percent or more of the property owners receiving notice, the determination to approve the proposal shall be considered by the city council.

3.     The building official will provide the applicant written verification of the decision and sent by registered mail or by other means to establish that the applicant is in receipt of the correspondence.

(Ord. No. 1133, § 1(4-1001), 3-22-94; Ord. No. 1732, §§ 4, 5, 4-11-06; Ord. No. 1764, § 1, 1-23-06)

   Sec. 84-182     Private water wells and wellhead protection zone

(a)     Private water wells:

(1)     Permit required. It shall be unlawful to drill a private water well within the city before first obtaining a building permit from the city.

(2)     Private water wells; limits to uses; requirements.

a.     Private water wells within the corporate limits of the city shall be limited to irrigation purposes only.

b.     No private water well shall be utilized for domestic water purposes.

c.     Private water wells shall not be connected to the domestic water supply in any manner.

d.     Irrigation systems supplied by a private water well shall not have any other supply connections from another water source unless the design and construction of such connection is approved by the city, and any switching between such private water well and any other source shall be done only by city employees.

e.     All private water wells supplying water to an irrigation system shall have an approved double check valve assembly tested upon installation by a Texas Natural Resource Conservation Commission (T.N.R.C.C.) certified backflow prevention device tester or as required by T.N.R.C.C.

(3)     Additional requirements.

a.     Any water provided for irrigation purposes from the city's public water supply to nonresidential customers under this section shall be subject to a commercial supplemental irrigation rate, calculated as one and one-half times the commercial and industrial water service rate as provided in section 30-35 of this Code.

b.     In addition to a water well permit, an electrical permit shall be obtained for any electrical installation in connection with the well.

c.     The contractor or person drilling the well shall be licensed by the state and registered with the city.

d.     Any person or firm performing electrical work shall be licensed by and registered with the city.

e.     The water well permit application shall include a plot plan of the well site, showing the locations of the well and all structures and distribution lines in the vicinity.

f.     All electrical work must be inspected and approved by city inspectors before placing the well into operation.

g.     Water well contractors must provide verification of registration of the well with the Texas Department of Water Well Licensing and Regulations within 60 days of well completion.

h.     The city has the legal authority to require the abandonment of an existing private water well if the well threatens the public water supply or the health of its citizens. All abandonment costs will be the responsibility of the owner. The abandonment procedures must comply with all applicable Texas Natural Resource Conservation Commission (T.N.R.C.C) Rules and Regulations.

i.     All wells shall be, while either in use or abandoned, covered on the top so as to prevent a person from falling into the well. All abandoned wells not properly covered shall be filled.

(4)     Abandonment of private water wells. Abandonment of private water wells shall be done in accordance with T.N.R.C.C. requirements after proper notification to T.N.R.C.C.

(b)     Wellhead protection zone: From and after the effective date [November 10, 1998] hereof, no new or additional fuel storage tanks or hazardous materials as defined by E.P.A. shall be located within 1,400 feet of any water well; no new or additional private water well shall be located within 1,400 feet of any fuel storage tank or hazardous materials as defined by E.P.A.; and no new or additional private water wells shall be located within 1,000 feet of any public water well. Exceptions to these prohibitions may be granted by the city council on a case-by-case basis provided that the council finds that such well or storage site will not adversely affect the public health, safety, or welfare. Exceptions approved by the council shall be in effect for only the well or storage site specifically authorized by council.

(Ord. No. 1345, 11-10-98; Ord. No. 1481, § 1, 6-26-01)

   Sec. 84-183     Sexually oriented businesses

(a)     The purpose of this section is to promote the health, safety, morals, and general welfare of the citizens by establishing reasonable and uniform regulations pertaining to sexually oriented businesses so as to prevent the concentration of such businesses within the city.

(b)     Businesses fitting the definition of “sexually oriented business” as defined by this chapter, shall comply with the following locational requirements:

(1)     No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of a church, public or private elementary or secondary school, public park, public library, residential use, property zoned for residential use or another sexually oriented business.

(2)     No person shall establish, operate, or cause to be operated, a sexually oriented business in any building structure or portion thereof containing another sexually oriented business.

(3)     The distance between a sexually oriented business and any adjacent structures other than another sexually oriented business shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building or structure used as a tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary or secondary school, public park, public library, or residential use.

(4)     The distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied as applicable.

(c)     No person may operate or cause to operate a sexually oriented business without first meeting the licensing requirements prescribed in chapter 18, article III.

(Ord. No. 1133, § 1(4-1003), 3-22-94)

   Sec. 84-184     Performance standards

Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this chapter shall be undertaken and maintained only if they conform to the regulations of this section. The following standards shall apply to the various zoning districts as indicated:

(1)     Exterior noise. The following noise standards, unless otherwise specifically indicated, shall apply for all property within the city.

a.     Residential district. For noise emanating from a facility on property located within any “R” residential district, the allowable noise level at any property line shall not exceed the following:

Time Interval

Allowable Exterior Noise Level

10:00 p.m. to 7:00 a.m.

50 dB(A)

7:00 a.m. to 10:00 p.m.

55 dB(A)

b.     For noise emanating from a facility on property located within any “C” commercial district, the allowable noise level shall be as follows:

Time Interval

Allowable Exterior Noise Level

10:00 p.m. to 7:00 a.m.

65 dB(A)

7:00 a.m. to 10:00 p.m.

70 dB(A)

c.     For noise emanating from a facility on property located within the “TX 10” or “LI” the maximum allowable noise level shall be as follows:

1.     Properties within 150 feet of any residentially zoned property shall comply with exterior noise standard for “C” commercial districts.

2.     Properties that are 150 feet or more from any residentially zoned property shall be subject to the exterior noise standards for the “I-1” light industrial district.

d.     “I-1” light industrial district. For noise emanating from a facility on property located within the “I-1” light industrial district, the allowable noise level shall be 75 dB(A).

e.     “I-2” heavy industrial district. For noise emanating from a facility on property located within the “I-2” manufacturing district, the allowable noise level shall be 85 dB(A).

f.     All zoning districts. Noise emanating from property within any zoning district may not exceed:

1.     The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour; or

2.     The allowable noise level plus six to ten dB(A) cumulative period of 15 minutes in any hour; or

3.     The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or

4.     The allowable noise level plus 16 dB(A) or more for a cumulative period of one minute in any hour.

g.     Ambient noise. In the event the ambient noise level exceeds the allowable noise levels in subparagraphs b., c., and d. above, the allowable noise level for the property in questions shall be increased to equal the maximum ambient noise level.

h.     Noise sources not included. For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included:

1.     Noises not directly under the control of the property owner, occupant, or operator of the premises.

2.     Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.

3.     Noises of safety signals, warning devices and emergency pressure relief valves.

4.     Transient noise of mobile sources, including automobiles, trucks, aircraft, and railroads.

5.     Activities conducted on public parks, playgrounds and public or private schools.

6.     Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the appropriate jurisdiction relative to the staging of said events.

7.     Air conditioning or refrigeration systems or associated equipment.

i.     General standards regarding noise measurement. For the purpose of determining compliance with this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

j.     Standards regarding noise measurement for pre-existing manufacturing uses. For the purpose of determining compliance with the foregoing subparagraphs c. through f., and with regard to noise emanating from property already zoned manufacturing at the time this chapter is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.

(2)     Vibration. No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned manufacturing at the time this chapter is enacted, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.

(3)     Glare. Primary and secondary glare (both direct and reflective) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations.

(4)     Particulate air contaminants. No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the state air control board and the environmental protection agency.

(5)     Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standards may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board may grant exceptions with respect to the time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section of the chapter. In its determinations, the board shall consider the following:

a.     The magnitude of the nuisance caused by the violation.

b.     The uses of property within the area of impingement by the violations.

c.     The time factors related to study, design, financing and construction of remedial work.

d.     The economic factors related to age and useful life of the equipment.

e.     The general public interest, welfare and safety.

(6)     Exemptions. The provisions of this section shall not apply to manufacturing uses or expansions thereof upon adjacent property, which exist within the city on the effective date of this chapter.

(Ord. No. 1133, § 1(4-1004), 3-22-94)

   Secs. 84-185–84-199     Reserved

   ARTICLE V. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS

   Sec. 84-200     Purpose

The purpose of this article is to require off-street parking and loading facilities proportional to the need created by each use, to discontinue nonconforming driveways and to require driveways to conform to the minimum access standards contained herein. Development regulations and design standards are intended to insure the usefulness of parking and loading facilities, protect the public safety, and where appropriate, to mitigate the potential adverse impacts on neighboring properties.

(Ord. No. 1133, § 1(5-100), 3-22-94)

   Sec. 84-201     Off-street parking

(a)     Applicability. Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required, provided that the additional parking shall be required only for such addition, enlargement, or change and not for the entire building or use.

(b)     Existing facilities. Facilities being used for off-street parking on the effective date of this chapter shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein.

(c)     Multiple uses. For sites with more than one use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as adjusted pursuant to the joint use provisions herein.

(d)     Future construction. Parking facilities constructed or substantially reconstructed subsequent to the effective date of this chapter, whether or not required, shall conform to the design standards set forth herein.

(e)     Maintenance and use. All required parking facilities and associated drive access shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment.

(f)     Parking on paved surface required. Except as otherwise provided, it shall be unlawful for any person to park or to cause, suffer, maintain or allow to be parked upon any property under his control any vehicle, including but not limited to an automobile, truck, motorcycle, motorhome, camper, trailer, boat or mobile home, except upon the surface as specified in Table 5-A-1 unless:

(1)     The vehicle is parked within a rear or side yard of a one- or two-family residence and is screened from view from adjacent properties and public streets with a landscaped buffer or screening fence in accordance with section 84-336(b)(1) (landscape screen) or (b) (wood fence screen) of this chapter, or;

(2)     The property is zoned for single-family use and the residence existing thereon was originally constructed prior to July 12, 1977, and which had when constructed, only a one-car garage or which had no garage.

(3)     A special exception has been granted by the board of adjustments because of unique circumstances which make complying with this paragraph unreasonable and the board of adjustments finds the approval of such request will not be detrimental to adjacent properties in the city and is not contradictory to the purpose of this article or spirit of this chapter.

The maximum paved area devoted to parking on properties zoned for one- or two-family dwellings shall not exceed 50 percent of the street yard unless a special exception has been granted by the board of adjustment consistent with the criteria described above in subsection (f)(3).

(g)     Schedule of parking space requirements. The minimum number of off-street parking spaces to be provided shall be as follows (refer to Table 5-A for relation of parking groups to permitted uses):

Table 5-A. Parking Group Schedule

Group

Minimum Number of Off-Street Parking Spaces

1

1 per unit

2

1 per unit plus .5 per bedroom and 1 guest space per every 5 units

3

2 per unit

4

1 per 50 sq. ft. of gross floor area plus 12

5

1 per 100 sq. ft. of gross floor area

6

1 per 200 sq. ft. of gross floor area

7

1 per 250 sq. ft. of gross floor area

8

1 per 300 sq. ft. of gross floor area

9

1 per 400 sq. ft. of gross floor area

10

1 per 500 sq. ft. of gross floor area

11

1 per 600 sq. ft. of gross floor area

12

1 per 800 sq. ft. of gross floor area

13

1 per 1,000 sq. ft. of gross floor area

14

1 per 1,000 sq. ft. of gross site area

15

1 per 1,500 sq. ft. of gross site area

16

1 per 3 students

17

1 per 5 students

18

1 per 15 students

19

1 per 25 students

20

1 per employee on largest shift

21

1 per bay or pump island

22

1 per 4 beds

23

1 per 4 seats

24

1 per 6 machines

25

5 per hole

26

5 per alley or table

27

3 queuing spaces per bay or stall

28

5 queuing spaces per bay or stall

(h)     Design standards.

(1)     Dimensions. An off-street parking space shall include an area of not less than 162 square feet, measured approximately nine feet by 18 feet, and shall not be located on a public street or alley. Maneuvering aisles shall generally measure 24 feet in width.

(2)     Surfacing. All off-street parking areas, loading and unloading areas, access driveways, alleys and fire lanes shall be paved as specified below in Table 5-A-1; excepting single-family (SF1) structures that exist prior to the effective date of Ordinance No. 1339. Parking areas include parking spaces enclosed or unenclosed, aisles, display, storage, staging, mutual access, and maneuvering areas. All areas shall be graded to drain in such a manner that the runoff shall be properly channeled into a storm drain watercourse area or other appropriate facility. All sidewalks shall be paved as specified in Table 5-A-1.

TABLE 5-A-1

MINIMUM PAVING STANDARDS

Paving Class

Pavement Use

1 & 2 Family

Commercial, Industrial & Multifamily

Motor Vehicle Parking, Maneuvering, Storage, Display, Staging, Etc.

2

2

Temporary Motor Vehicle Parking Longer than 6 Weeks, Less than 1 Year

2

2

Temporary Motor Vehicle Parking In Conjunction with Special Event (5 days to a max. duration of 90 days)

1

1

Dumpster Pads and Approaches (Trash Collection Areas)

N/A

5

Fire Lanes, Permanent

N/A

5

Fire Lanes, Temporary Less than 1 Year

N/A

3

Loading, Unloading, Mutual Access Drives

N/A

5

Alleys

5

N/A

Driveway, Within R.O.W.

4

5

Driveway, Private Property

2

N/A

Sidewalks, R.O.W., Easement or Private Property

2

2

PAVING CLASS DESIGNATION

1.     Two (2) inch gravel minimum.

2.     Concrete 4" thick, 3000 psi., #3 bars @ 24" centers each way.

3.     Asphalt 2" Type “B” HMAC Base + 2" Type “D” HMAC Surface.

4.     Concrete 5" thick, 550 psi. (flexural), #3 bars @ 18" centers each way.

5.     Concrete 6" thick, 650 psi. (flexural), #4 bars @ 18" centers each way.

GENERAL NOTES

A.     All subgrades for Class 3 and higher shall be stabilized with a minimum 6% hydrated lime slurry or cement slurry to a minimum depth of 6". Soils testing and analysis is required for Class 3 pavement and higher and Class 2 pavement in commercial, industrial and multifamily uses. Class 2 motor vehicle parking, maneuvering, storage, display and staging areas shall require a minimum of 6" scarified and compacted subgrade. Lime or cement stabilization are recommended.

B.     Alternate designs may be required or permitted by the city engineer based upon proposed use and soil reports & analysis of a Texas Registered Professional Engineer.

C.     Reinforcing steel shall be supported by chairs.

D.     Two-inch extra depth concrete may be permitted in lieu of lime or cement stabilization in unique situations upon approval of the city engineer.

E.     Temporary fire lanes shall only be permitted with the approval of the fire marshal's office and shall conform to the design and layout criteria established by the fire marshal's office.

F.     Construction details for Pavement Classes 2-5 are provided in the city's standard detail sheets.

(3)     Configuration. Head-in parking adjacent to a public street or alley, wherein the maneuvering or vehicles in entering or leaving the space must be done off a public street or alley, shall be prohibited; however, this does not apply to single-family and two-family dwellings.

(4)     Calculation. In determining the required number of parking spaces, fractional spaces shall be rounded upward to the nearest whole space. Service bays located in repair garages or car washes shall not be counted as meeting required minimum parking.

(5)     Joint use. Where a lot or tract of land is used for a combination of uses, off-street parking requirements shall be the sum of the requirements for each type of use and no space provided for one type of use shall be included in computing the requirements for any other use. Floor area devoted to off-street parking shall be excluded in computing floor area for off-street parking requirements.

(6)     Availability. Except for institutional uses, required off-street parking for all permitted uses shall be available to customers, employees, tenants, clients and occupants on a prearranged basis, other than an hourly or fee basis, as free or contract parking.

(7)     Remote location. Required off-street parking for permitted residential uses shall be provided on the lot or tract occupied by the primary use. For all other permitted uses, off-street parking may be provided on the tract occupied by the primary use or upon another tract within 300 feet from the primary use and dedicated to parking use by an instrument filed for record and consolidated under a single certificate of occupancy with the primary area. Such parking facility shall be located in the same zoning district as the main use and meet all design standards set forth herein.

(8)     Required parking for one- and two-family dwellings.

a.     New construction–All required off-street parking serving new one- or two-family dwellings shall be covered with a garage, a carport or combination thereof. The covered parking shall be located behind any applicable building line and in no instance less than 20 feet from the street or alley right-of-way line the required parking is accessed from except R-1C (single-family custom dwelling district). Covered parking for the R-1C is required to be located to the rear of the lot behind any applicable building line and shall not be located less than 40 feet from the street right-of-way line the required parking is accessed from. No more than 50 percent of the total street yard shall be paved.

b.     Garages which have had one or more of the vehicle parking areas permanently enclosed are permitted only in R-1 (single-family detached dwelling district). Two concrete paved parking spaces must be provided when enclosing a one- or two-car garage.

(9)     Site plan required. Any person establishing an off-street parking facility or applying for a building permit for the construction, reconstruction, or alteration of the use of any building, other than a single-family residence, shall submit to the administrator a site plan designating the number, dimensions and location of off-street parking spaces to be provided. The administrator shall approve or disapprove the off-street parking facilities designated on the site plan and shall designate curb cuts to service the property.

(10)     Pedestrian access. Pedestrian access to buildings shall be provided from parking areas by means of pathways leading to at least one public entrance. Such pathways shall be cleared of all obstructions related to construction activity prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and width of not less than four feet shall be provided for access by wheelchairs.

(11)     Handicapped spaces. Designated parking spaces shall be reserved for the physically handicapped as set forth in Table 5-B. Each space so reserved shall be not less than 12 feet in width. Parking spaces for the physically handicapped shall be appropriately signed in accordance with state statutes and be located as near as possible to elevators, ramps, walkways and entrances and shall not be located so that such persons are compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and elevators. One in every eight parking spaces for the handicapped, but not less than one, shall be served by an access aisle 96 inches (2440 mm) wide minimum and shall be designated “van accessible.” All applicable ADA requirements for parking spaces must be met.

Table 5-B. Handicapped Space Schedule

Total Parking in Lot

Required Minimum Number of Accessible Spaces

1 to 25

1

26 to 50

2

51 to 75

3

76 to 100

4

101 to 150

5

151 to 200

6

201 to 300

7

301 to 400

8

401 to 500

9

501 to 1000

2 percent of total

1,001 and over

20 plus 1 for each 100 over 1,000

(i)     Lighting.

(1)     Definitions. For purposes of this subsection, “covered parking facility” includes but is not limited to parking structures and parking shelters, whether the sides of such are open or enclosed.

(2)     Illumination required.

a.     Required illumination levels in this section shall be met by all projects for which a site plan has not been approved by the effective date of passage of this section. In addition, it is the intent of this section that nonconforming properties will eventually meet the standards contained herein. Existing properties shall come into compliance with the requirements of this section in the following situations:

1.     At the time of replat;

2.     When a new certificate of occupancy is required due to a change in the occupancy type of the property;

3.     When a building permit is issued for reconstruction or renovation of more than 51 percent of the replacement value of a structure;

4.     When a building permit is issued for substantial expansion of an existing building. Whether expansion is “substantial” shall be determined by staff on a case by case basis;

5.     When public safety officials and/or the city engineer determine that an imminently dangerous situation exists on a specific property, city council may set a date by which that property must come into compliance with the conditions and requirements of this section, after which date city staff may enforce this section on that property.

b.     Required minimum initial illumination levels shall be met prior to final inspection. Slightly lower minimum levels of illumination may be acceptable when caused by the existence of a natural obstruction such as a tree.

c.     Subsequently, required minimum maintained illumination levels (minimum on pavement for open areas, average on pavement and vertical for covered areas) shall be met during the hours of operation of any business for which an off street open parking lot or covered parking facility contains required parking, and continuously for any off street multifamily residential parking, as measured without the presence of cars or other temporary obstructions. All covered parking facilities, which includes parking structures and parking shelters, shall also provide the following:

1.     No less than ten percent of the required minimum maintained average on pavement and vertical illumination levels at all times;

2.     Lighting fixtures located strategically to provide a minimum illumination level of no less than ten percent of the required average on pavement and vertical values in case of an interruption to the normal power supply.

(3)     Maximum uniformity ratio. The maximum uniformity ratio (the ratio of average to minimum illuminance) of any contiguous off street open parking areas, service drives, and/or driving lanes in parking areas and of any covered parking facility, shall be no more than 4:1.

(4)     Minimum illumination levels for open parking areas. Minimum illumination levels measured on the pavement for all off street open parking areas, service drives, and/or driving lanes in parking areas shall be as follows. Minimum initial illumination levels measured on the pavement shall be no less than 30 percent above the latest published Illuminating Engineering Society of North America (IESNA) standards for general parking and pedestrian areas with the levels of activity indicated below, and minimum maintained illumination levels shall meet or exceed the above referenced IESNA standards. If a use falls into more than one category listed below, the higher illumination level requirements shall govern.

a.     IESNA standard for general parking and pedestrian areas with a high level of activity:

1.     Regional shopping centers (buildings over 300,000 square feet);

2.     Eating establishments (drive thru), detached;

3.     Amusement and recreational services category, UDC Section 84-84, Table 4-A (includes golf courses);

b.     IESNA standard for general parking and pedestrian areas with a medium level of activity:

1.     Community shopping centers (buildings 100,001 to 300,000 square feet);

2.     Housing in the TH, MH, R-3, R-4, R-5 residential categories

3.     Hospitals and emergency care clinics;

4.     Municipal facilities, including parks;

5.     The following categories in UDC Section 84-84, Table 4-A: office uses, retail uses, personal services, business services, automotive services, miscellaneous repair services, trucking/warehousing and wholesale trade transportation facilities;

c.     IESNA standard for general parking and pedestrian areas with a low level of activity:

1.     Neighborhood shopping centers (buildings 30,001 to 100,000 square feet);

2.     Convenience shopping centers (buildings 0 to 30,000 square feet);

3.     The following categories in UDC Section 84-84, Table 4-A: institutional and educational facilities (includes churches) and manufacturing activities.

(5)     Minimum illumination levels for covered parking.

a.     For any covered parking facility, initial average on pavement illumination levels, as well as initial vertical illumination levels as measured six feet above the pavement, shall be no less than 30 percent above the latest published Illuminating Engineering Society of North America (IESNA) standards for covered parking facilities. Maintained average on pavement illumination levels, as well as maintained vertical illumination levels as measured six feet above the pavement, shall meet or exceed the above referenced IESNA standards.

b.     Stairway illumination shall initially be no less than 30 percent above the latest published Illuminating Engineering Society of North America (IESNA) range of illuminances for stairways in covered parking facilities, and maintained at a level that meets or exceeds the above referenced IESNA range of illuminances.

(6)     Fixtures.

a.     Parking and site lighting fixtures including poles shall be compatible in color and design with the largest occupiable building. Lighting fixtures can be mounted on new and existing poles and structures for purposes of meeting the requirements of this section, with the stipulations below.

b.     All parking lot or site lighting fixtures which are installed on poles after the effective date of this section [December 8, 1998] must be placed on metal poles.

c.     Properties with townhome, mobile home, or multifamily apartment uses, or which are in TH, MH, R-3, R-4, or R-5 zoning categories: Poles made of materials other than metal which are used for parking or site lighting as of December 8, 1998 are allowed to remain and can be used to meet the requirements of this section.

d.     Properties with commercial or industrial uses, or which are in TX-10, TX-121, C-1, C-2, LI, I-1, or I-2 zoning: Wood poles may not be used for parking lot or site lighting. Poles made of materials other than metal which are used for parking or site lighting as of December 8, 1998 must be removed by December 31, 2003. Their replacement with metal poles is encouraged.

e.     Appurtenances must be placed underground for all parking and site lighting fixtures and poles that are installed after December 8, 1998.

f.     Cutoff and semicutoff design fixtures are not mandated, but may be required in some cases if the director of planning and development or designee determines that other fixture types will result in light trespass in violation of this section.

g.     All lighting required by this section shall be controlled by a photo cell or seasonally-adjusted timer switch.

h.     Each lighting fixture must be in good working order at all times on all properties in the City of Euless, whether or not other conditions and/or restrictions of this section apply to the property.

(7)     Lamps. Monochromatic light sources, such as low pressure sodium lamps, are prohibited. All other lighting types are allowed, as long as the illumination provided meets the conditions and requirements of this subsection.

(8)     Light trespass. All lighting used to illuminate off street open parking areas, service drives, and/or driving lanes in parking areas and in all covered parking facilities shall be so arranged as to minimize light trespass onto adjacent rights-of-way and properties that are zoned or used for other than residential purposes, and to eliminate light trespass onto adjacent residentially zoned or used properties. For purposes of this section, “light trespass” includes:

a.     The illumination of properties other than the one on which the fixture is located; and

b.     Excessive brightness in the normal field of vision (nuisance glare).

In no case shall lighting be permitted to create dangerous traffic safety conditions.

(9)     Enforcement. When properties are required to come into conformance with the requirements of this subsection, as described in subsection (1), above, the site plan (for new developments), or the replat, certificate of occupancy, or building permit application (for existing properties) shall contain the following information. City construction and building inspectors will verify that fixtures have been installed as described on the lighting plan before a certificate of occupancy will be issued:

a.     A lighting plan showing the locations and general throw patterns of parking lot lighting fixtures; a graph of footcandles and distance from light fixtures that demonstrates compliance with this subsection; and a lighting table that lists type of luminaire, pole height, wattage at installation for each fixture; and

b.     The seal of a registered architect or engineer, as well as a note stating: “The property represented on this plan conforms with the parking lot lighting requirements of Section 84-201(i) of the Unified Development Code of the City of Euless, Texas.”

(10)     Exceptions. Exceptions to these requirements may be granted by the city council on a case-by-case basis provided that the council finds that a proposed alternative may better serve the public interest. Exceptions approved by the council shall be in effect for only the site and occupant specifically authorized by council.

(Ord. No. 1133, § 1(5-200), 3-22-94; Ord. No. 1326, §§ 1-10, 5-26-98; Ord. No. 1338, § I, 12-8-98; Ord. No. 1339, §§ I, II, 3-23-99; Ord. No. 1536, § 1, 9-10-02)

   Sec. 84-202     Off-street loading requirements

Off-street facilities shall be provided and maintained for receiving and loading merchandise, supplies and materials within a building or on the lot or tract adjacent thereto. Off-street loading spaces may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure with no portion of the loading space extending into the public right-of-way or fire lane. At least half of all required off-street loading spaces shall have a minimum dimension ten by 40 feet and the remainder shall have a minimum dimension of ten by 20 feet. Adequate space shall be provided on-site for maneuvering into and out of required loading spaces. Such spaces shall be provided in accordance with Table 5-C.

Table 5-C. Off-Street Load for Nonresidential

(1)     Business and manufacturing uses.

Gross Floor Area (square feet)

Minimum Required Spaces

0 to 10,000

1

10,000 to 50,000

2

50,000 to 100,000

3

Each additional 100,000

1

(2)     Hotel or office uses.

Gross Floor Area (square feet)

Minimum Required Spaces

Under 50,000

0

50,000 to 150,000

1

150,000 to 300,000

2

50,000 to 100,000

3

500,000 to 1,000,000

4

Each additional 500,000

1

(Ord. No. 1133, § 1(5-300), 3-22-94)

   Sec. 84-203     Driveways

The city engineer shall have the authority to interpret and enforce minimum access standards as contained herein and to require additional access when deemed necessary by the engineers, based on standards contained in the Institute of Transportation Engineers publication “Transportation and Land Development,” C 1988, and as updated. The city engineer shall have the right to require modifications to any driveway if the city engineer determines the driveway to be unsafe.

(Ord. No. 1133, § 1(5-400), 3-22-94)

   Sec. 84-204     Location of driveways

(a)     The curb return radius of driveways intersecting public streets shall be located no closer to the nearest right-of-way line of the nearest adjacent public street intersections than the minimum distances shown in Table 5-D. A platted lot with less frontage than the minimum distance required may be required to obtain access rights across adjacent property to a driveway meeting these requirements.

(b)     Driveways intersecting arterial streets with median dividers shall align with existing or planned median openings or be located a minimum distance along the property line of 125 feet from the nearest point of median opening as measured from the nearest median nose to the throat of the driveway. Median access may be achieved by means of access rights obtained by mutual agreement with an adjacent property owner with driveway access meeting these requirements.

Table 5-D. Minimum Clearance of Driveways From Nearest Intersecting Street Right-of-Way Line

Type of Street Intersected

Type of Adjacent Street Intersected

Minimum on Departure

Clearance Distance on Approach

Arterial

Arterial

150 feet

150 feet

Arterial

Collector

100 feet

70 feet

Arterial

Minor

70 feet

50 feet

Collector

Arterial

100 feet

100 feet

Collector

Collector

70 feet

50 feet

Collector

Minor

50 feet

50 feet

Minor

Arterial

30 feet

30 feet

Minor

Collector

20 feet

20 feet

Minor

Minor

10 feet

10 feet

(Ord. No. 1133, § 1(5-401), 3-22-94)

   Sec. 84-205     Driveway access prohibited

A driveway serving a primarily residential land use shall not directly access an arterial street facility. A driveway serving a primarily commercial or industrial land use shall not be allowed to access a public residential alley.

(Ord. No. 1133, § 1(5-402), 3-22-94)

   Sec. 84-206     Number of driveways

(a)     No single platted lot shall be allowed a cumulative driveway width greater than 50 percent of the total platted frontage on each street that is accessed.

(b)     All one- or two-family land uses shall be allowed a maximum of one driveway opening per public street or alley except as provided by the approval of circular driveway access.

(b)     All land uses other than one- or two-family land uses shall be allowed a maximum number of driveways as indicated in Table 5-E. Driveways approved and constructed on property lines perpendicular to the accessed street to provide mutual or common access shall be considered in addition to the maximum number of driveways permitted by Table 5-E.

Table 5-E. Maximum Number of Driveways Allowed

Length of Public Street Frontage

Maximum Number of Driveway Openings

200 feet or less

1

200 feet or more

1/200 feet

(Ord. No. 1133, § 1(5-403), 3-22-94)

   Sec. 84-207     Spacing of driveways

(a)     Successive driveways located on the same platted property shall be located no closer together than 50 feet as measured between the adjacent driveway throats or the sum of the adjacent curb radii of the two driveways plus a 25-foot tangent length, whichever is greater. A one-way driveway pair shall be separated by a minimum distance equal to the sum of the two adjacent curb radii as measured between the adjacent driveway throats, with a minimum two feet radius and maximum of five feet radius. On circular driveways a minimum of 25 feet of stand up curb between driveway curb radii shall be required.

(b)     Adjacent driveways on adjacent platted properties shall be located no closer together than the sum of the two adjacent curb radii as measured between the adjacent driveway throats. A common driveway on a property line may be allowed or required by the city engineer. An access easement shall be required and the driveway shall conform to all other design standards.

(Ord. No. 1133, § 1(5-404), 3-22-94)

   Sec. 84-208     Design standards

(a)     Driveway types. Driveways shall be classified as follows:

(1)     Standard driveways provide two-way access movements at single, undivided curb opening.

(2)     One-way driveways provides one way access movements and can only be permitted when the orientation of on-site circulation and parking layout clearly utilize the driveway for one-way movements.

(3)     High capacity/limited movement driveways are intended to provide two-way access movements with geometric provisions to more adequately respond to greater driveway volumes and/or access limitations than a standard driveway provides, to include greater width, curb radii, provision of internal storage, divider median and on-street deceleration lanes.

(4)     Circular driveways which provide one or two-way access to and from single-family residential property only, by means of two curb openings on the same property.

(b)     Driveway width. Driveway widths shall be measured between the termination of the curb radii at a point of tangency essentially perpendicular to the street and shall be in accordance with the requirements of Table 5-F for the type of driveway and land use shown.

Table 5-F. Minimum/Maximum Width of Driveways

Driveway Type

Land Use

Minimum (feet)

Maximum (feet)

Standard

Residential

10

24

Standard

Commercial/multifamily

25

40

Standard

Industrial

30

50

One-way

Residential

n/a

n/a

One-way

Commercial/multifamily

15

25

One-way

Industrial

15

25

Circular

Residential

10

15

Circular

Commercial/multifamily

n/a

n/a

Circular

Industrial

n/a

n/a

(1)     High capacity/limited movement driveways shall be composed of the combination of an entrance lane width, exit lane width and median width (if applicable) and in accordance with the minimum requirements of Table 5-G.

Table 5-G. High Capacity Driveway-Minimum/Maximum Width

 

Minimum (feet)

Maximum (feet)

Entrance lane

16

24

Exit lane

  

    One lane

12

16

    Two lane

24

24

Median (if applicable)

4

10

(2)     Circular driveways shall apply to residential land uses only and shall require a minimum lot frontage of 60 feet. The inside radius of the driveway shall be tangent to the inside curb return radius approximately perpendicular to the street.

(c)     Driveway curb radii. Driveway curb radii shall be in accordance with Table 5-H for the type of driveway and land use shown. Driveway radii shall be constructed to meet the street edge of pavement or curb at a point of tangency and shall describe a full quarter circle arc from the street onto the property accessed.

Table 5-H. Minimum/Maximum Curb Radii

Driveway Type

 

Radius (feet)

 

Land Use

Minimum

Maximum

Standard

Residential

5

15

Standard

Commercial/multifamily

15

30

Standard

Industrial

25

50

One-way

Residential

n/a

n/a

One-way

Commercial/multifamily

15

30

One-way

Industrial

25

40

Circular residential

Outside radius

5

15

 

Inside radius

5

15

Circular

Commercial/multifamily

n/a

n/a

Circular

Industrial

n/a

n/a

(1)     High capacity/limited movement driveway shall be constructed to serve the greater driveway volumes and/or limitation of movements. Curb radii features shall be a minimum of five feet where turning movements are to be prohibited or discouraged and a maximum of 50 feet where turning movements are allowed.

(d)     Internal storage shall be provided at nonresidential driveways, to minimize vehicle conflicts at the driveway entrance in accordance with Table 5-I.

Table 5-I. Internal Storage Requirements

Number of Parking Spaces per Driveway

Minimum Storage Length (feet) Measured Back from Property Line

Less than 50

18

50 to 200

50

More than 200

78

(e)     All driveways shall intersect the public street at essentially right angles except that one-way driveways may intersect at angles no less than 45 degrees.

(f)     Vertical design criteria shall include a maximum driveway grade of ten percent. Maximum “breakover” angles, being the algebraic difference in successive grade changes, shall be 12 percent for summit condition and eight percent for sag conditions.

(g)     Driveways utilized for direct access to designated fire lanes shall be constructed in accordance with criteria established by the fire marshal to permit unimpeded access for emergency fire equipment.

(Ord. No. 1133, § 1(5-405), 3-22-94)

   Sec. 84-209     Nonconforming access driveway

It is the declared purpose of this article that nonconforming driveways be discontinued and that driveways be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming driveways.

Any driveway access which does not conform to the provisions of this article but legally existed as a conforming driveway prior to the adoption of this article shall be permitted to continue as a nonconforming access driveway. Such nonconforming access driveway may be continued until:

(1)     A change of use, or an increase in intensity of use, occurs such that this article requires an additional five parking spaces or a ten percent increase in parking spaces, whichever is greater; or the addition of a use which requires stacking required by this article occurs. This provision shall be cumulative for any site from the effective date of this article.

(2)     A significant rehabilitation of a structure is requested which amounts to 40 percent of the floor area or 40 percent of the appraised value.

(3)     A modification is made to any existing access on site.

In the event any of the above criteria is met, the driveway shall be considered illegal and the city engineer may require driveway access to meet the requirements of this article. No certificate of occupancy shall be issued on property containing an illegal access driveway required to be discontinued under this section, unless and until all applicable standards contained in this chapter are met.

(Ord. No. 1133, § 1(5-406), 3-22-94)

   Sec. 84-210     Appeal

Decisions of the city engineer regulating the provisions contained herein may be appealed to the board of adjustment within ten days of the date of the decision.

The board of adjustment may vary the provisions of this article where physical impossibility prevents compliance. “Physical impossibility” means that the property owner cannot meet the standards of the article to achieve one point of access to a public street and a mutual access easement is impractical. Financial hardship shall not constitute physical impossibility.

The board of adjustment may hear an appeal of the city engineer's interpretation of the provisions of this article. If the board determines that the city's engineer's interpretation is correct, no variance may be permitted.

Decisions of the board of adjustment may be appealed to district court within ten days of the date of the decision. Appeal shall be by writ of certiorari.

(Ord. No. 1133, § 1(5-407), 3-22-94)

   Secs. 84-211–84-229     Reserved

   ARTICLE VI. SIGNS AND STREET GRAPHICS REGULATIONS*

   Division 1. Generally

   Sec. 84-230     Purpose and intent

The purpose of this article is to represent a comprehensive, balanced system of street graphics and signs that create safe, easy to understand and aesthetically pleasing communication. To meet this purpose these regulations authorize the use of street graphics and signs which are reflective of the community's aesthetics as a whole, are compatible with their surroundings, while allowing the expression of the identity of individual proprietors, appropriate to the type of activity to which they pertain, and legible in the environment in which they are seen. Specific objectives are:

Preserve and enhance the city's own unique set of visual aesthetics which will attract potential residents, commercial customers, and tourists to the area because of the community's overall appearance;

Enhance the visibility and effectiveness of all signs through the elimination of clutter and redundancy;

Eliminate and lessen the confusion, unsightliness, or visual obscurity of adjacent properties that could be created; and

Recognize and appreciate the value of advertising and signage to a successful business climate.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-231     Applicability

All signs within the city limits of Euless shall be subject to the following regulations. The provisions apply to the location, size, use, number, and placement of signs and shall otherwise be considered supplementary to the city codes and ordinances pertaining to the erection, maintenance and operation of signs in the city. Any other codes and ordinances found elsewhere in the Unified Development Code (UDC) that are in direct conflict with these provisions are hereby repealed.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-232     Definitions and requirements

For the purposes of this article, the words below shall have the following definitions whether or not capitalized unless the context clearly requires another meaning, ascribed to them and the requirements and regulations set forth for each shall apply in the city.

(1)     A-frame sign. A temporary sign used to identify a business name, telephone number, hours of operation, and/or the business' website address. An A-frame sign is made of two pieces of wood, metal or other similar material approved by the building official connected at the top by hinges or similar devices(s) and may collapse when the connecting device(s) are overextended or the two pieces of wood, metal or other similar material are against one another. Also commonly referred as a “sandwich board sign”.

a.     Time. A sign permit is required. The sign permit number, in numerals not less than one inch in height shall be permanently affixed on the sign for the purpose of inspection. A sign permit shall not be issued to install or display an A-frame sign until a certificate of occupancy has been issued for the place of business that elects to display the sign. After the issuance of a sign permit, an A-frame sign may be displayed only during the business hours of the permit holder.

b.     Place. A-frame signs are permitted within nonresidential areas or planned development zoning districts used to incorporate a lifestyle center concept. A-frame signs must be placed on a sidewalk or adjacent to a sidewalk adjacent to or fronting the primary structure. A-frame signs must provide an unobstructed pedestrian clearance of at least four feet in width. An A-frame sign shall not be placed in any manner to interfere with vehicular traffic or cause a hazard. An A-frame sign shall not be placed in any median. An A-frame sign shall not be placed within a utility or right-of-way easement.

c.     Manner. The maximum area of an A-frame sign is 12 square feet. The maximum height of an A-frame sign shall be four feet. The maximum width of an A-frame sign is three feet. An A-frame sign shall not be closer than 20 feet to another A-frame sign. A maximum of one A-frame sign may be placed per business or tenant on the property where the A-frame sign is located.

(2)     Abandoned sign. A sign that had a permit, but the permit has been expired for 30 or more consecutive days and/or does not identify or advertise a bona fide business, lessor, service, owner, product, event, or activity, or pertains to a time, event, or purpose which no longer applies. Abandoned signs are prohibited in the city.

(3)     Apartment sign. A temporary stake sign made of wood, metal, or other similar material used to convey information that relates to the operations of an apartment community or complex. Apartment signs are prohibited within the city.

(4)     Athletic registration sign. A temporary stake sign made of wood, metal, or other similar material approved by the building official used to convey sport-related city based team registrations (organizations that play their games within the city) that publicizes dates, times, or locations of registrations. Athletic registration signs excludes information pertaining to dates, times, and/or locations of scheduled games or award ceremonies.

a.     Time. No sign permit required, but prior permission of the property owners is required.

1.     With prior written permission of the director of parks and recreation, or their designee. Athletic registration signs may be erected up to seven days prior to the registration and removed no more than 48 hours after the registration.

2.     With prior permission of a home owners association (HOA), athletic registration signs may be erected up to seven days prior to the registration and removed no more than 48 hours after the registration.

3.     With prior permission from a public or private school, athletic registration signs may be erected up to seven days prior to the registration and removed no more than 48 hours after the registration.

b.     Place. Athletic registration signs shall not be located within any median, any right-of-way or easement, or on any other public property, except as allowed herein at public parks and public schools.

1.     At city-owned parks, athletic registration signs may be located at the city park exits or other city park area approved by the director of parks and recreation or their designee.

2.     At HOA maintained parks or open space areas, athletic registration signs shall be located on private HOA maintained property with written approval by the HOA board or their designee.

3.     At public or private school property, athletic registration signs shall be located at a school exit or other area on school property approved by the school authority.

c.     Manner. The maximum area of an athletic registration sign shall not exceed six square feet. The maximum height of an athletic registration sign shall not exceed four feet.

(5)     Audible sign. Any sign that emits music, talking, words, or other sound amplification with the exception of a drive-thru or drive-in menu sign. Audible signs are prohibited in the city.

(6)     Awning. A retractable or nonretractable projection, shelter, or structure of rigid or non-rigid canvas, metal, wood, or other similar material approved by the building official that extends above a window, door, patio, or deck as protection from the weather, used as a decorative embellishment or used for identity, which may be illuminated. An awning requires the issuance of a building permit prior to installation, unless approved with the initial building permit.

(7)     Awning sign. A permanent sign that is directly applied, attached, or painted onto an awning that covers a pedestrian walkway, intended for protection from the weather or as a decorative embellishment, projecting from a wall or roof of a structure over a window, walk, door, or the like. An awing sign is used to advertise the name of the business, hours of operation, business telephone number, business address, and/or website address.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect or place an awning sign on to an awning at a property until a site plan is approved by the city council for development of the property and after the issuance of building permit or certificate of occupancy.

b.     Place. In no case shall the supporting structure of an awning sign extend into or over the right-of-way, unless by exception within a planned development zoning district specifically utilizing a lifestyle center concept, and shall not extend closer than four feet from back of curb. No building shall have both a wall sign and an awning sign on the same building facade.

c.     Manner. The maximum height of an awning sign shall not exceed four feet. The width of an awning sign shall not exceed 75 percent in length of any side of an awning. An awning sign shall only be permitted in conjunction with a nonresidential use, or in a nonresidential zoning district. An awning sign shall be secure and may not swing, sway, or move in any manner. An awning sign shall not contain any moving devices.

(8)     Awning sign attachments. Awning sign attachments that cover a pedestrian walkway are accessory, supplemental extensions that are attached above or below an awning commonly used in conjunction with a wall sign. Awning sign attachments provide the name of the business.

a.     Time. A sign permit is required. Structural drawings(s), as required by the building official, sealed by a licensed engineer must be submitted with the permit application.

b.     Place. Awning sign attachments shall only suspend from or extend above the edge of a pedestrian awning. Awning sign attachments installed for pedestrian display located and attached on the underside of a pedestrian awning shall be centered.

c.     Manner. Awning sign attachments shall have a maximum height of 12 inches. Suspended or extended awning sign attachments shall not alternate up-and-down at a business' storefront. Suspended awning sign attachments suspended over a pedestrian awning shall maintain a nine-foot clearance from pedestrian grade measured from the lowest hanging portion of the attachment. Awning sign attachments shall not swing, sway, or move in any manner. The structural-engineering of awning sign attachment must be approved by the city before a sign permit can be granted. Awning sign attachments shall not be used in conjunction with an awning sign. Only one type of awning sign attachment shall be used per storefront.

(9)     Balloons and other floating device(s). A visible airtight or air-flow through apparatus commonly made of latex, mylar or other similar material that extends by a cord, rope, string, wire or other similar material. No person shall erect, maintain, or allow the installation of any floating device(s) anchored to the ground, any vehicle, structure or any other fixed object for the purpose of advertising or attracting attention to a business, commodity, service, sale, or product, except as otherwise permitted in this article. Balloons and all other floating device(s) are prohibited in the city.

(10)     Banner. A temporary sign having characters, letters, or illustrations applied to plastic, cloth canvas, or other light fabric or similar material, with the only purpose of such non-rigid material being for background. A banner advertises the business' name, opening dates, telephone number, hours of operation, and/or types of products offered or sold. A banner may be considered as part of a special event sign permit. A banner does not include a municipal banner (subsection (54)).

a.     Time. A sign permit is required for each display period. The sign permit placard must be displayed in a conspicuous place visible from the street for the purpose of walk-up inspection. A sign permit shall not be issued to display a banner at a property until a site plan is approved by the city council for development of the property and a building permit is issued. One banner sign may be placed on a building for three 14-day periods per calendar year. The periods may be combined. Each suite within a retail development shall be considered a building and, therefore shall be allowed to erect a banner accordingly. New businesses shall be permitted to place a banner on their building prior to the issuance of a certificate of occupancy with the issuance of a sign permit from the building official. A new business shall be permitted to place one banner on their building storefront up to six weeks after the date of a certificate of occupancy with the issuance of a sign permit. Banner(s) displayed before and immediately following the date of the certificate of occupancy shall not count against the allowances for the three 14-day periods within a calendar year. Banners permitted as part of a special sign permit shall count against the total number of allowed banners per year for that location. Exemption: Religious organizations that temporarily operate in a school or other nonreligious facility may erect a banner no earlier than two hours before worship and remove no later than two hours after worship without the issuance of a sign permit.

b.     Place. A banner shall be securely attached to the front, side, or rear facade of a building. A banner shall not face a residential neighborhood, unless separated by a major thoroughfare. However, banners are permitted only in conjunction with a nonresidential use or in a nonresidential zoning district. With permission from the director of parks and recreation, or their designee, banners may be erected during social or athletic events at a public park or other city-owned property attached to pavilions, fences, vehicles, stakes, rails, or poles up to two hours prior to the start of the event and shall be removed no later than one hour after the conclusion of the event.

c.     Manner. A banner shall not exceed 48 square feet in area, except that at an individual business with a floor area of 50,000 square feet or greater, a banner shall not exceed 100 square feet in area. In the case where a individual business or entity has an existing pole/pylon sign, a shroud banner sign or sign wrap which covers the existing pole/pylon sign or a portion of the pole/pylon sign may be permitted as long as the shroud banner sign or sign wrap does not exceed the square footage of the existing pole/pylon sign. A banner shall be placed a minimum of nine feet above grade at any pedestrian traveled way. Where a building wall is nine feet in height or less, is adjacent to an approved parking surface, and is not a designated pedestrian walkway, one banner shall be placed a minimum of five feet above the grade above the parking surface.

(11)     Billboard. A sign erected in the outdoor environment for the purpose of the display of commercial or noncommercial messages not pertinent to the use of products sold on, or the sale or lease of, the property on which it is displayed. Billboards include any of its support, frame or other appurtenances. Billboards shall be permissible as a permanent sign provided all of the following requirements have been met.

a.     Time. A sign permit is required. Structural drawings(s), as required by the building official, sealed by a licensed engineer must be submitted with the permit application. Sign permits allowing for the use of billboards must be renewed on an annual basis.

b.     Place. A billboard may be erected on subject property which is zoned limited industrial (L1), light industrial (I-1) or heavy industrial (I-2) as per the current zoning ordinance of the city.

1.     Billboard signs shall be set back from all property lines a minimum of 25 feet. Sign setback shall be measured from the edge of the sign and not the support.

2.     Billboards must be located no closer than 250 feet measured parallel with the street right-of-way, from any other billboard whether the existing or a permit for such sign has been authorized.

3.     The sign is located a minimum of 250 feet from any property used for residential purposes or zoned for residential use.

4.     The property on which the billboard is located is not located within 3,000 feet of S.H. 183, S.H. 121, or S.H. 360.

c.     Manner. Maximum area of the billboard shall not exceed 1,000 square feet per sign face. The maximum height of a billboard shall not exceed 35 feet in height.

(12)     Building official. The building official or their designee or other city-authorized agent appointed by the city manager.

(13)     Building height. For the purposes specific to this article and to be used for the calculation of certain signs within, building height shall be defined as the distance measured from the average grade to the building plate height at the top of its highest story per elevation. Additional height generated by roof line or by parapet shall not be calculated in the measurement of height. This definition shall not be used in conflict with other measurements of building height for the purposes of zoning standards.

(14)     Canopy sign. A sign that is applied, attached, painted or affixed on a canopy or other roof-like cover over gasoline fuel pumps, vacuum area at car detail facilities, or other areas where services are provided to a patron in a vehicle or as an area intended for parking of vehicles to provide protection from the weather or as a decorative embellishment. Canopies may be attached or detached from the primary structure. A canopy sign may be used in addition to a wall sign.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, install or place a canopy sign on a property until the site plan has been approved by the city council for development of the property and after the issuance of a building permit for a building on the property.

b.     Place. Canopy signs may only be erected on the canopy band that faces a public right-of-way.

c.     Manner. Canopy signs may not exceed 15 square feet in size. Canopy signs must be attached directly to or painted on the exterior face of the canopy band and shall no project more than 18 inches from the canopy band. Only the canopy band may be illuminated, not the entire canopy. Canopy signs attached to a canopy shall not extend above or below the canopy band.

(15)     Changeable copy. The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board such as a theater marquee, electronic message board or similar signs specifically design for use of replaceable copy. The installation and construction of such signs shall be governed by the appropriate sign type; however the changeable copy message does not require a sign permit.

(16)     City manager. The city manager or their designee or other city-authorized agent appointed by the city manager.

(17)     Cloud buster balloon and air devices. Any visible airtight or air-flow through, inflatable apparatus that exceeds one square foot in total area made of latex, mylar, or other similar material that extends higher than ten feet into the sky by a cord, rope, string, wire, or other similar material. A cloud buster balloon or air device is commonly used to attract passersby/patrons to a location having a promotion, sale or other function. Cloud buster balloons, blimps, and other air devices are prohibited in the city of Euless.

(18)     Commercial real estate sign (CRES). An on-site, temporary sign made of wood, metal or similar material approved by the building official that pertains to the sale or lease of the property where the sign is located. A V-shape sign is not a CRES. A CRES generally advertises the name of a building or property for sale or lease, property owner name, realtor information, telephone number, zoning information, and other information relating to the sale or lease of nonresidential property.

a.     Time. A sign permit is required. The sign permit number, date installed, and sign contractor's name shall be placed on the CRES in characters no less than one inch in height in a conspicuous place for the purpose of walk-up inspection. A CRES requires removal within ten days after the sale or lease of a property or business.

b.     Place. A CRES shall be located no closer than 15 feet to any property line. A maximum of one CRES per property shall be placed on a lot. For a property with more than 500 feet of single street frontage more than once CRES is allowed provide that each CRES is spaced a minimum of 200 feet from other signs.

c.     Manner. A CRES shall not exceed 32 square feet in area. A CRES shall not exceed eight feet in height. The maximum width of a CRES shall not exceed four feet.

(19)     Developed. A developed property is a nonresidential property for which a certificate of occupancy has been issued by the building official to occupy a building on the property or a residential property for which a certificate of final acceptance has been issued by the city.

(20)     Dilapidated. Any surface element, background, or support of any sign that has finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped, torn, twisted, or unsightly.

(21)     Electronic variable message signs. Electronic variable message signs are any sign that utilizes changeable copy messages through internal illumination through light emitting diodes (LEDs) or other light sources. Electronic variable messages signs are intended to be static and are subject to the same size and location restrictions as other signs regulated by this article. The electronic variable message portion of the sign shall not exceed 40 percent of the total sign face permitted, nor shall it be the only sign face. In addition, an electronic variable message sign is subject to the following restrictions:

a.     Any change in information on the electronic variable message sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement.

b.     Any changeable copy on the electronic variable message sign shall not change more than every 15 seconds. Any changes shall occur with an instant on/off cycle.

c.     Electronic variable message signs are permitted to contain time and temperature displays. The time and temperature shall remain static for not less than three seconds.

(22)     Erect or install. To build, construct, attach, hang, place, suspend, affix, paint, display, apply, assemble or place in any manner, including but not limited to on the exterior of a building or structure.

(23)     Exempt. A sign permit is not a requirement; however, compliance with all other city ordinances and the Unified Development Code, as it currently exists or may be amended, is required.

(24)     Exempt sign. Any sign either specifically exempted within this article or any sign required to be displayed by federal, state or local laws. Exempt signs shall not be included in any numerical, coverage, or size calculation.

(25)     Feather flag. A wind device that contains a harpoon-style pole or staff driven into the ground for support. Feather flags are prohibited in the city unless the feather flag is located on a property with single-family or duplex zoning for which a certificate of occupancy has been issued and the feather flag is used for the sole purpose of expressing patriotism or for a celebration or holiday decoration. In this case, a feather flag may be installed a maximum of 30 days.

(26)     Flag/flagpole. A piece of fabric or other flexible material attached to a ground-supported staff on one end used as a symbol of a nation, state, political subdivision, or organization.

a.     Time. No sign permit required. A flag shall not be placed on a property until a site plan is approved by the city council for development of the property.

b.     Place. A flag and its ground-supported staff shall be located on private property behind the property line. Flags may be placed at parks during social and athletic events.

c.     Manner. At a property that contains a building with less than four floors, the maximum height of a ground supported flagpole shall be 40 feet measured from the ground with the maximum area of the flag not to exceed 60 square feet in area. At a nonresidential property that contains a building with four floors or more above-ground, the maximum height of a flagpole shall be 60 feet measured from the ground with the maximum area of a flag not to exceed 96 square feet in area. A maximum of four flags or flagpoles may be located on a property. A flag not displayed on a ground-supported staff shall meet the permit and display requirements of a banner.

(27)     Garage sale sign. An on-site temporary sign used to advertise a garage sale, yard sale, patio sale, or estate sale at an occupied residential property that has obtained a certificate of occupancy.

a.     Time. No sign permit required. Garage sale signs shall be given to the property owner upon completion and processing of a garage sale permit. A garage sale sign shall not be erected for longer than three consecutive days.

b.     Place. Garage sale signs shall be erected on private property not closer than ten feet from the edge of any street pavement. Garage sale signs shall not be placed on a vehicle, fence, pole, tree, median, or railing. Garage sale signs shall not be balloons, wind devices or other type of sign, except signs as issued by the city.

c.     Manner. Garage sale signs shall be of the type and size as issued by the city with the completion of a garage sale permit.

(28)     Gasoline price. Gasoline price or credit card sign permanently affixed to pump islands not exceeding 12 square feet. No sign permit is required. Gasoline price signs associated with canopy signs (section 84-232 (14)), monument signs (section 84-232 (50)), and pole/pylon signs (section 84-232 (66)) shall be restricted to those specific sign-type regulations.

(29)     Government awareness sign. A government awareness sign is a temporary stake sign, banner, or other apparatus including flags, used to convey health, safety and welfare information to the public regarding city, county, state, or federal government requirements and regulations such as water restrictions, burn bans, or other similar information.

a.     Time. No sign permit required. No restrictions.

b.     Place. No restrictions.

c.     Manner. No restrictions.

(30)     Government community event sign. A temporary stake sign, banner, or other apparatus used to convey information to the public regarding city-related activities and events (i.e.: Arbor Daze and the like).

a.     Time. No sign permit required. A government community event sign may be erected up to 30 days prior to the event or activity, and shall be removed within two business days after the event or activity.

b.     Place. Government community event signs shall only be placed at a city public park and/or other city government property that contains a public building; within a residential subdivision with written permission from the homeowner's association or its representative; at a private or public educational facility with permission; and at the event location.

c.     Manner. A governmental community event sign shall not be placed in medians, easements, or within the right-of-way of any thoroughfare.

(31)     Graffiti. Pictures, words or slogans, images, or other artwork painted, drawn, scratched or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view not authorized by the owner of such property or allowed as a mural. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise marking it with words, pictures, or symbols, advertising, logos, relations with a group, indecent/vulgar images, or offensive language(s). Graffiti is prohibited in the city. This definition shall be used with section 14-163 amendments to the International Property Maintenance Code regarding graffiti.

(32)     Grand opening. A commemoration that promotes the opening of a new business is a grand opening. A grand opening shall be within 180 days of the issuance of a certificate of occupancy from the building official. Grand openings after 180 days after the issuance of a certificate of occupancy requires approval from the building official. A grand opening may only be located at the business that received a certificate of occupancy from the building official. A grand opening shall not exceed 14 consecutive days in length.

(33)     Grand opening balloon(s) and/or balloon arrangement. A grand opening balloon is a visible airtight, inflatable apparatus with a maximum of one square foot in total areas in various shapes and/or designs made of latex, mylar, or other similar material approved by the building official. A grand opening balloon is customarily a hand-held device with a maximum ten-foot in length code, rope, string, wire or other similar material. Grand opening balloon arrangements are grand opening balloons tied, twisted, or connected in such a manner to design creative figures, shapes, crescents, and/or other displays.

a.     Time. A sign permit is required. Grand opening balloon(s) and/or grand opening balloon arrangements shall only be displayed during a grand opening at a business. Grand opening balloon(s) and/or grand opening balloon arrangements shall be removed within two hours after the conclusion of the grand opening.

b.     Place. Grand opening balloon(s) and/or grand opening balloon arrangements shall only be displayed within 20 feet of the business' public entrance that has obtained a permit for a grand opening. Grand opening balloon(s) and/or grand opening balloon arrangements shall not be placed or displayed in front of (or at) other businesses. Grand opening balloon(s) and/or grand opening balloon arrangements shall not be attached to parking signs, bicycle stands, benches, trees, fences, poles, railings, vehicles, existing signage, display items, other structures, or placed in required parking spaces. grand opening balloon(s) and/or grand opening balloon arrangements shall not block pedestrian or vehicular visibility or cause a safety hazard.

c.     Manner. Grand opening balloon(s) and/or grand opening balloon arrangements may not exceed 20 feet in height. Grand opening balloon(s) and/or grand opening balloon arrangements must be secured to the ground.

(34)     HOA-neighborhood sign (HOA-NS). A temporary stake sign used to convey information regarding residential subdivision board meetings, announcements, or other subdivision-related events to residents within the subdivision.

a.     Time. No sign permit required.

b.     Place. A HOA-NS shall be located on private property within the subdivision. A HOA-NS shall not be located along any major thoroughfare or street artery outside of the subdivision screening wall or perimeter barrier.

c.     Manner. The maximum area of a HOA-NS shall not exceed six square feet. The maximum height of a HOA-NS shall not exceed four feet.

(35)     Holiday decorations. Signs or materials displayed in a temporary manner on or prior to traditional, civic, patriotic or religious holidays. No sign permit is required.

(36)     Home improvement sign. An on-site temporary stake sign that advertises the name, phone number, website address, and/or type of construction being performed on the property, such as a roof, fence, pool, painting, landscaping, or other home improvement contractor.

a.     Time. No sign permit required. A home improvement sign shall be removed within 15 days of being initially installed or when the home improvement work is completed, whichever occurs first.

b.     Place. A home improvement sign shall be located only on the lot at which the home improvement is occurring. A home improvement sign shall be erected on private property no closer than ten feet from the edge of any street pavement or designated roadway.

c.     Manner. A home improvement sign shall not exceed six square feet in area. A home improvement sign shall not exceed four feet in height. A maximum of one home improvement sign shall be erected on a lot.

(37)     Human sign. A sign held by or attached to a human being who stands or walks on the ground on-site at a business location. A human sign includes a person dressed in costume, both for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product.

a.     Time. No sign permit required. Human signs may be displayed 24 hours each and every continuing day.

b.     Place. Human signs shall be located on private property where a sale, event, promotion, or the like is taking place. Human signs may not be off-location from where a promotion, sale, event, or the like takes place.

c.     Manner. Human signs may not hold or carry wind devices, flags, or balloons. Human signs shall only be persons who stands or walks on the ground on private property. Podiums, risers, stilts, vehicles, roofs, or other structures or devices shall not support a human sign.

(38)     Illuminated sign. A sign designed or made that consists of lights, LEDs, or other form of illumination that displays a message or picture that does not scroll, fade, blink, flash, travel, or any other means that does not provide constant illumination.

(39)     Impounded sign. A sign that is legally removed by a city-authorized official, inspector, officer, other city employee(s) or city-authorized person(s) in accordance with the provisions of this article.

(40)     Inflatable device sign (IDS). A sign manufactured of plastic, cloth, canvas, or other flexible or light fabric, inflated with air, secured to the ground, does not float, and does not exceed 30 feet in height. An IDS may be considered as part of a special event sign permit.

a.     Time. A sign permit is required. The sign permit must be displayed in a conspicuous place visible from the street for the purpose of walk-up inspection. A sign permit shall not be issued until the city has issued a certificate of occupancy for the business that elects to display an IDS. One IDS may be erected on a lot for no more than three 14-day periods per calendar year. A business can only display one IDS at a time. In the case of multiple businesses or tenants located on a single lot, each business is allowed to erect an IDS on the lot for three, 14-day periods, provided that not more than one IDS is installed along any street frontage at the same time.

b.     Place. An IDS shall not be located in required parking spaces, or driveways that provide access to parking spaces or fire lanes, nor shall any IDS or its securing devices encroach into a right-of-way. IDSs are only permitted within a nonresidential zoning district.

c.     Manner. An IDS shall be secured directly to and not floating from the ground. An IDS shall not be placed on a roof, canopy, parking garage, or awning, or suspended or floating from any building or garage. The maximum height of an IDS shall not exceed 30 feet. One banner may be applied to an IDS. A banner applied to an IDS shall not count toward the allotted number of banners during a calendar year. The maximum area of a banner applied to an IDS shall not exceed 48 square feet. An IDS shall not be installed within 200 feet from another IDS measured in a straight line in any direction. Cloud buster balloons, blimps, wind devices or any similar type of apparatuses are not an IDS. Holiday decorations not specifically associated with a sign are not considered as an IDS.

(41)     Instructional/informational sign. The sole purpose of an instructional/informational sign is to provide instruction, information, or direction to the general public that is essential to the health, safety, and public welfare of the community. An instruction/informational sign shall contain no other message, copy, announcement, or decoration other than the essential instruction, information or direction and shall not advertise or otherwise draw attention to an individual, business, commodity, service activity, or product. Such signs shall include, but are not limited to: a sign identifying a property address, street address, restrooms, public telephones, handicap parking spaces, reserved parking spaces, freeze warning, no trespassing, no dumping, no loitering, no soliciting, beware of warning, water resource information, neighborhood watch information, lock/take and hide information, construction entrance, and/or exit signage. Instructional/informational signs will include a sign of a warning, directive or instruction erected by a public utility company that operates under a franchise agreement with the city and/or signs required by federal, state or other local authorities.

a.     Time. A sign permit is not required. No restrictions.

b.     Place. No restrictions.

c.     Manner. The maximum area of an instructional/informational sign is 16 square feet.

(42)     Internal sign. Sign visible only from the property on which located or visible off the property only through a window or windows from which they are set back at least ten feet. No sign permit is required.

(43)     Reserved.

(44)     Logo. Any design, insignia or other marking of a company or product, which is used in advertising to identify the company, business or product.

(45)     Main street sign regulations. All signs located within the boundaries of the Main Street District (all properties abutting North Main Street between the center lines of South Pipeline Road and Glade Road) or a sign located on an intersecting street, in which the sign is located within 300 feet of the nearest right-of-way line of Main Street shall conform to the sign regulations as prescribed by section 84-117 of the UDC.

(46)     Memorial sign. Markers, plates, plaques, etc. when deemed an integral part of a structure building or landscape. No sign permit is required.

(47)     Menu board sign. A sign erected in conjunction with a use that incorporates a drive-thru or drive-in and generally used to provide service and/or product options and pricing for patrons who remain in a vehicle.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect or place a menu board sign on a property until a site plan is approved by the city council for the development of the property and after issuance of a building permit for a building on the property.

b.     Place. A menu board sign is permitted only in conjunction with a nonresidential use or in a nonresidential zoning district. The minimum front building setback is 25 feet from the property line.

c.     Manner.

1.     Drive-thru menu board sign. A menu board sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. The design, materials, and finish of the menu board sign shall match those of the building(s) on the same lot. One menu board sign is permitted per drive-thru use on a lot. The maximum area of a menu board sign is 60 square feet. The maximum height of menu board sign is six feet.

2.     Drive-thru pre-order sign. A drive-thru pre-order sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. The design, materials, and finish of a drive-thru pre-order sign shall match those of the building(s) on the same lot. One drive-thru pre-order sign is permitted at the entrance of the drive-thru lane on a lot. The maximum area of a drive-thru pre-order sign is 24 square feet in area. The maximum height of a drive-thru pre-order sign is six feet.

3.     Drive-in menu board sign. A drive-in menu board sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. If the drive-in stalls are covered by a canopy, the drive-in menu board signage may be attached directly to the canopy support columns. The design, materials, and finish of a drive-in menu boards sign shall match those of the building(s) on the same lot. One drive-in menu board sign is permitted per ordering station. The maximum area of a drive-in menu board sign is nine square feet in area. The maximum height of a drive-in menu board sign is six feet.

4.     Noise level. A drive-thru or drive in menu board sign which engages a speaker or other form of audible communication between the vehicle and store shall conform to article IV, chapter 46, noise of this Code.

(48)     Merchandise signs and/or displays. Any goods, wares, merchandise or other advertising object or structure suspended, applied, erected, installed from or on any building, or pole, structure, sidewalk, parkway, driveway, parking area, fuel pump island or its supports, bridge or overpass for the purpose of advertising such items or attracting patrons. Merchandise signs and/or displays are prohibited within the city, except as specifically allowed by any city ordinance or required by federal or state law.

(49)     Mobile advertisement sign. An operable or inoperable vehicle with illuminated or non-illuminated panels, other devices, or appendages used to advertise, promote or draw attention to products, services, events, or other similar purpose. The primary purpose of a mobile advertisement sign is advertising.

a.     Time. No requirement.

b.     Place. A mobile advertisement sign is prohibited from being parked, driven, stationed, or moving in any manner on private property within the city for longer than 20 minutes per 24-hour day.

c.     Manner. A mobile advertisement sign shall only be driven on public streets in the city.

(50)     Model home sign. A sign used to identify a builder or contractor model house that is open to the public for inspection by customers and located within a residential zoning district. A model home sign provides a builder's name, logo, hours of operation, website information, and/or telephone number.

a.     Time. A sign permit is required. A sign permit shall not be issued until a final plat has been approved by the planning and zoning commission for development of the subdivision. A sign permit for a model home sign will not be issued until after a building permit has been issued for construction of a dwelling model home or temporary sales trailer.

b.     Place. A model home sign is permitted on a lot that has been issued a building permit for construction of a residential dwelling or temporary sales trailer. One model home sign is allowed per residential lot. The minimum front setback of a model home sign shall be 15 feet from the property line. The minimum side or rear setback of a model home sign shall be ten feet from the property line.

c.     Manner. The maximum area of a model home sign shall not exceed 48 square feet. A model home sign shall be supported from the grade to the bottom having a solid base with a one-foot masonry border or decorative embellishment border. All decorative embellishment borders and/or masonry borders will be included in the calculation of the total area of the model home sign. The maximum height of a model home sign shall not exceed five feet. The average finished grade of the lot shall not be altered to increase the height of the model home sign. Model home signs shall not contain neon.

(51)     Monument sign. A sign supported from the grade to the bottom of the sign having or appearing to have a solid and opaque base and used to identify tenants or name of a business located within a development or on a separately platted lot within a planned development.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, install or place a monument sign on a property until a site plan and/or final plat has been approved by the planning and zoning commission and/or city council for development of the property and after the issuance of a building permit for a building on the property.

b.     Place. Monument signs are permitted in nonresidential zoning districts or nonresidential areas and on a lot containing an apartment complex, daycare facility, school, community center, amenity center, marketing center, or religious facility. A monument sign is permitted on the same lot as a multi-tenant development sign (MTDS), but the total number of MTDS and monument signs located within a development shall generally not exceed the number of lots located within the development. The total number of signs shall not be permitted to exceed the total number of lots in the development when additional monument signs or MTDS are permitted on a property. The minimum front yard setback for a monument sign is fifteen feet from the property line. The minimum side and rear setback from the property line shall be equal to the height of the monument sign. Monument signs shall not be placed within any designated or dedicated public utility easements without the approval of an easement use agreement from the appropriate utility.

c.     Manner.

1.     The design, materials, and finish of a monument sign shall match those of the buildings on the same lot. A monument sign shall contain a minimum one foot masonry with mortar border around all sides. A monument sign constructed entirely of masonry materials, as defined in section 84-181 of this code, as it currently exists or may be amended, shall satisfy the one-foot masonry border requirement. Back-lit monument signs shall be inset into the pedestal rather than attached or applied to the pedestal.

2.     Monument signs constructed in conjunction with MTDS shall be consistent with the building elements and materials of the MTDS within the development. Architectural embellishments are also encouraged and may be considered through the review of a unified sign development plan.

3.     A lot is allowed a maximum of one monument sign per street frontage.

4.     The maximum area of a monument sign, including the one-foot masonry border, is 60 square feet.

5.     The maximum height of a monument sign is eight feet.

6.     Monument signs are permitted to contain electronic variable messages subject to the following conditions:

i.     Electronic variable message monument signs shall only be permitted along a major arterial or greater as designated in the city's thoroughfare plan, as it currently exists or may be amended.

ii.     Electronic variable message monument sign characters shall have a minimum height of ten inches and a maximum height of 16 inches.

iii.     Electronic variable message monument signs shall not be animated, flash, travel, blink, fade, or scroll.

iv.     Electronic variable message monument signs shall remain static for not less than 15 seconds.

v.     Electronic variable message monument signs are permitted to contain time and temperature displays. The time and temperature shall remain static for not less than three seconds.

vi.     Electronic variable message wall signs are also permitted, but only one variable message sign, either monument or wall, is permitted per lot.

(52)     Monument (internal) sign (MIS-2). A MIS-2 is a sign that is supported from the grade to the bottom of the sign having, or appearing to have, a solid base and generally used to provide direction to drive-thru lanes, buildings, and tenants within large multi-tenant retail, multifamily, or office developments. A MIS-2 is permissible subject to the following conditions:

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, install or place a MIS-2 on a property until a site plan and/or final plat has been approved by the planning and zoning commission and/or city council for development of the property and after the issuance of a building permit for a building on the property.

b.     Place. A MIS-2 is permitted only in conjunction with a nonresidential use or in a nonresidential zoning district. Minimum front setback is 75 feet from the property line. The minimum rear and side yard setback shall be equal to the height of the sign.

c.     Manner.

1.     The design, materials, and finish of MIS-2s shall match those of the buildings on the same lot. MIS-2s constructed in conjunction with MTDS and/or monument signs shall be consistent with the building elements and materials of the MTDS and monument signs on the same lot and within the same development.

2.     If a property averages more than two MIS-2s per acre, a unified sign development plan must be approved prior to placement of the MIS-2s.

3.     The maximum area of a MIS-2 is 60 square feet.

4.     The maximum height of a MIS-2 is eight feet.

(53)     Moving sign. Any sign, sign appendages or apparatus designed or made to move freely in the wind or designed or made to move by an electrical or mechanical device. Moving signs, and/or any sign appendage that moves, are prohibited in the city.

(54)     Multi-tenant development sign (MTDS). A MTDS is a sign that is supported from the grade to the bottom of the sign having, or appearing to have, a solid base or a sign that is supported by poles or supports in or upon the ground independent of any building and is used to identify multiple tenants within a development. A MTDS is permissible on a nonresidential zoned property subject to the following conditions.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, install or place a MTDS on a development containing multiple parcels until a unified sign development plan has been approved. A unified sign development plan is not required for a MTDS on a single parcel development. A sign permit for a MTDS shall not be issued to erect, install or place a MTDS until a subdivision plat, preliminary site plan, and/or site plan for the property has been approved by the planning and zoning commission, and/or city council and after issuance of a building permit for a building within the development.

b.     Place.

1.     MTDS shall be located within a development that may contain multiple tenants and/or multiple lots under a single development.

2.     A MTDS is permitted on the same lot as a monument sign, but the total number of MTDS and monument signs located within a development shall generally not exceed the number of lots located within the development. The total number of signs shall not be permitted to exceed to the total number of lots in the development when additional MTDS are permitted on a property.

3.     The minimum front setback for a MTDS is 15 feet from the property line.

4.     No minimum side yard and rear yard setbacks are required for a MTDS, but a MTDS shall not be located closer than 75 feet to another MTDS or a monument sign.

c.     Manner.

1.     A MTDS shall be constructed of materials and a design consistent with the buildings located on the property.

2.     The maximum area and height of a MTDS shall be based on the proximity of the development to the adjacent street classification.

 

Maximum Area

Maximum Height

Local and collector streets

20 square feet per tenant up to 260 square feet inclusive of development identification

15 feet

Minor arterials

25 square feet per tenant up to 325 square feet inclusive of development identification

20 feet

Major arterials

30 square feet per tenant up to 325 square feet inclusive of the development identification

30 feet

Highways

40 square feet per tenant up to 600 square feet inclusive of development identification

40 feet

3.     Architectural embellishments for MTDS are encouraged. Exceptions in maximum height and area may be considered through the review of the unified sign development plan.

4.     One MTDS is permitted per street frontage of the development. One additional MTDS is permitted along a street for each additional 750 linear feet, or portion thereof, of street frontage that exceeds 750 linear feet of street frontage.

5.     Variable messages are not permitted within MTDS.

(55)     Municipal banner. A temporary sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric or similar material, with the only purpose of such non-rigid material being for background used by the city, either acting alone or in cooperation with another person or entity, to promote the city, aide in economic development or economic activity in the city, promote citizenry and good will, promote awareness of happenings in the city, promote municipal-related places, activities, events, or promote municipal-related information or an event or similar happening determined by the city to directly relate to the city's objectives in speaking on its own property. A municipal banner includes ornamentations and seasonal decorations.

a.     Time. Written permission from the city manager or their designee is required. No time restriction.

b.     Place. A municipal banner may be erected on any city-owned property, including but not limited to pavilions, fences, walls, vehicles, poles and light poles, and/or any other structure or apparatus approved by the city manager or their designee.

c.     Manner. Municipal banners shall not be faded, tattered or torn.

(56)     Mural. Pictures or artwork painted, drawn or applied on the exterior walls that does not depict or contain advertising, logos, or images of a product or service available on-site or off-location. Murals are not used to advertise products or services offered or sold off-location or on-site.

a.     Time. A sign permit is required. A sign permit shall not be issued to paint, draw, apply or place a mural on a property until a site plan and/or final plat is approved by the planning and zoning commission and/or city council for development of the property and after issuance of a building permit for a building on the property.

b.     Place. A mural shall be located above grade and below a roof and only be located within a nonresidential zoned district. Murals shall not be applied to a roof or other similar cover of a building or structure.

c.     Manner. The maximum area of a mural shall not exceed the length or height of the exterior wall on which it is painted, drawn or applied. A mural shall not face a residential neighborhood, unless separated by a major thoroughfare. Murals are permitted only in conjunction with a nonresidential use or in a nonresidential zoning district.

(57)     Name sign. Sign having an area of not more than two square feet, the message of which is limited to conveying the address and/or name of the premises, and/or owner, and/or occupant of the premises. No sign permit is required.

(58)     Neglected sign. A sign that has any missing panels, burned out lights, missing letters or characters, has rust, has loose parts, has damage, faded from its original color, supports or framework with missing sign or parts, or is not maintained. Neglected signs are prohibited in the city.

(59)     Neon tubing. A discharge tube containing neon that ionizes and glows with various colors when electric current is sent through it.

(60)     Nonconforming sign. Any sign and its supporting structure that does not conform to all or any portion of this article and was in existence and lawfully erected prior to the effective date of this article; and was in existence and lawfully located and used in accordance with the provision of any prior ordinances applicable thereto, or which was considered legally nonconforming there under, and has since been in continuous or regular use; or was used on the premises at the time it was annexed into the city and has since been in regular and continuous use.

(61)     Notice. Notice required by this article shall be sufficient if it is effected by personal delivery, registered or certified mail, return receipt requested, by the United States Postal Service and/or posting at premises.

(62)     Off-location or Off-premises sign. A sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc. at a location other than where the business, person, organization, activity, event, place, service, product, etc. is located. Off-location and off-premises signs are prohibited in the city.

(63)     On-site. The property or location on which a business, person, organization, activity, event, place, service, product, etc. is located.

(64)     Open house residential sign. A temporary stake sign used to advertise the name of a realtor or homeowner, phone number, date, open house address, and/or time of a residential open house.

a.     Time. No sign permit required. OHRS shall be erected no earlier than 9:00 a.m. Saturday before the open house and shall be removed no later than 6:00 p.m. Sunday of the open house during the same weekend. OHRS shall not be erected during week days.

b.     Place. OHRS shall be located only on private residential property with the consent of the property owner and the subject property having the open house.

c.     Manner. The maximum area of an OHRS sign shall not exceed six square feet. The maximum height of an OHRS shall not exceed four feet. An OHRS shall not contain balloons, streamers, flags, pennants, or other wind devices. An OHRS shall not be placed on a vehicle, fence, pole, tree, or railing.

(65)     Pennant. Any lightweight plastic, fabric or other material, whether or not it contains a message of any kind, suspended from a rope, wire, cord, string or other similar material designed to move in the wind whether existing in a series or individually. Pennants are generally prohibited in the city unless permitted through a grand opening or special event sign permit.

(66)     Person. Any person, firm, partnership, corporation, company, limited liability company, organization, business or entity of any kind.

(67)     Pole/pylon sign. A sign erected on a vertical framework consisting of one or more uprights supported by the ground independent of support from any building.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, install or place a pole/pylon sign on a property until a site plan has been approved by the city council for development of the property and after the issuance of a building permit for a building on the property.

b.     Place. Pole/pylon signs are permitted in nonresidential zoning districts or nonresidential areas and on a lot containing a daycare facility, school, community center, amenity center, marketing center, or religious facility. The minimum front yard setback for a pole/pylon sign is 15 feet from the property line. The minimum side and rear setback from the property line shall be equal to ten percent of the lot width. Pole/pylon signs shall not be placed within any designated or dedicated public utility easements without the approval of an easement use agreement from the appropriate utility.

c.     Manner. The maximum area and height of a pole/pylon sign shall be based on the proximity of the development to the adjacent street classification.

 

Maximum Area

Maximum Height

Maximum Number

Local and collector streets

50 square feet

15 feet

One per 200 feet of street frontage or portion of

Minor arterials

100 square feet

20 feet

 

Major arterials

150 square feet

30 feet

 

Highways or freeways

250 square feet

50 feet

 

Hotels, retail fuel sales and restaurants within 300 feet of a highway

300 square feet

60 feet

One

(68)     Political sign. A sign that relates to the election of a person to a public office, relates to a political party, relates to a matter to be voted upon at an election called by a public body, or contains primarily a political message.

a.     Time. No sign permit required. Signs shall be removed within seven calendar days after the completion of the election. If a sign is permitted to be placed at a polling site pursuant to Section 61.003 or Section 85.036 of the Texas Election Code, as amended, it must be removed from the polling site within 24 hours after the close of the polls on Election Day and within 24 hours after the close of the early voting period.

b.     Place. Political signs shall be located only on private property with the consent of the property owner. A political sign shall not be erected: i) closer than ten feet from the edge of the street pavement; ii) located on any public property; or iii) within a public easement or right-of-way. Notwithstanding the regulations in this subsection and pursuant to Section 61.003 or Section 85.036 of the Texas Election Code, as amended, the posting, use, or distribution of political signs is permitted only in designated locations on the city's property that are approved by the city council and only during the voting period or the early voting period. City staff shall provide a description of the approved locations for permitted electioneering pursuant to this subsection and Section 61.003 or Section 85.036 of the Texas Election Code, as amended.

c.     Manner. Political signs shall not exceed eight feet in height measured from the ground to the highest point of the sign. Political signs shall not exceed 36 square feet in area. Political signs shall not be illuminated. Political signs shall not contain any moving elements or parts. Political signs shall not be dilapidated or cause a hazard.

If a sign is permitted to be placed at a polling site pursuant to Section 61.003 or Section 85.036 of the Texas Election Code, as amended, the sign shall not be larger than six square feet (two feet x three feet) and must be attached to a stake driven into the ground well clear of tree roots, irrigation lines and any other underground vegetation or structures that could be damaged by such a stake. Additionally, each supporting stake(s) must not exceed a nine gauge diameter (American Wire Gauge standard (AWG)).

(69)     Portable signs. Any sign designed or intended to be relocated from time-to-time, whether or not it is permanently attached to a building or structure, or is located on the ground. Portable signs include signs on wheels or on portable or mobile structures, such as, among other things, trailers, skids, banners, tents or other portable structures, A-frame signs, T-shaped signs, airborne devices, or other devices used for temporary display or advertising. Portable signs are prohibited in the city except as specifically allowed by this article of the UDC.

(70)     Prohibited light/lights. Lights are any form of light sources or lumens, whether by electromagnetic radiation, flame, reflection, or any other form of lumens that acts upon the retina of the eye and optic nerve that makes sight possible. Prohibited lights are lights that blink, strobe, flash, fade, scroll, or anything other than stationary or static that attracts the attention of the general public, or causes light pollution or light trespass. Prohibited lights placed in any manner where the light is visible from the exterior of a business or other nonresidential use facility are prohibited in the city. Exception: Federal, state and municipal authorized emergency devices or apparatuses, emergency vehicles, utility repair vehicles, fire and building code light devices for emergency and/or security purposes, or other required lighting for public safety purposes are not prohibited and must comply with all applicable ordinances or regulations.

(71)     Prohibited signs. It shall be in violation of this article for any person, company or agent to erect, place display or locate any sign having any of the following characteristics. Signs deemed unsafe to the general public either due to location the sign is erected or the condition of the sign may be removed immediately by the building official or their designee.

a.     Unreferenced or no permit issued. Any sign not referenced in or governed by this article or any sign erected or installed without the issuance of a permit either prior to or after the adoption of this article (if a permit is required).

b.     Odor or visible matter emitting. No sign shall be permitted that emits odor or visible matter.

c.     Blocking of public access. No sign shall block or obstruct public access, fire escapes, traffic visibility, or public utilities. No sign shall be erected or installed in or over a public right-of-way or access easement, unless permitted within this article.

d.     Imitation governmental signs. No signs shall imitate governmental signs including traffic-control signs and/or devices.

e.     Obscenities. No sign shall contain obscene, indecent, or immoral words, pictures or other matter.

f.     Obstruction of traffic signal visibility. No sign shall be located in the direct line of vision of any traffic-control signal from any point in a moving traffic lane within 50 feet of such signal.

g.     Painting on streets. No painting, marking or attachment of a sign to the street, sidewalk, and building other than house numbers or occupant's name or as provided within this article.

h.     Proximity to power lines. No portion of any sign shall be located closer than ten feet to any overhead power or service line.

i.     Signs on utility poles. No sign shall be placed on or attached to other signs, utility poles, fire hydrants, trees, flag poles, street lamps or other means of support of an outdoor advertising display.

j.     Decorative flags. Flags other than national, state, municipal or corporate flags as permitted by this article shall not be permitted in commercial or multifamily districts.

(72)     Project/development sign (PDS). A temporary sign used to advertise or display contact information of property owners, opening dates, architects, contractors, engineers, landscape architects, and/or financiers, who are engaged with the design, construction, improvement or financing of a residential subdivision with homes under construction within the subdivision to which it pertains or within a commercial project to which it pertains. PDS is generally constructed of wood, metal or other similar materials approved by the building official. A PDS may include zoning information and advertise residential builders selling homes within a subdivision. In no case shall a PDS contain information that pertains to off-premise uses.

a.     Time. A sign permit is required. The sign permit number, date installed, and sign contractor's name must be placed on the sign in no less than one inch in height in a conspicuous place on the sign. PDS signs must be removed when 95 percent of the buildings/homes in the commercial project/subdivision have been issued a certificate of occupancy.

b.     Place. The PDS shall be installed no closer than 15 feet to any property line. The minimum distance between a PDS and another PDS is 200 feet.

c.     Manner. A PDS installed on a lot where a contractor requests a final inspection must be removed prior to the final inspection and issuance of a certificate of occupancy. The maximum area of a PDS is 96 square feet. The maximum height of a PDS is 16 feet. A maximum of one PDS is allowed along a major street frontage per subdivision. When a subdivision has more than one major thoroughfare, one PDS may be placed on each major thoroughfare.

(73)     Projecting sign. A sign attached and projecting out from a building face or wall, generally at a right angle to the building.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect or install a projecting sign at a property until a building permit is issued for the building where projecting sign is to be attached.

b.     Place. A projecting sign is permitted only in conjunction with a nonresidential use or in a nonresidential district provided no portion of the sign extends over the required building line more than 25 percent of the minimum building setback requirement for that zoning district. When a projecting sign is constructed over a pedestrian sidewalk, a minimum of nine feet of clearance shall be provided between the grade of the sidewalk and the lowest portion of a projecting sign. No projection sign shall extend above the top plate line of the associated building.

c.     Manner. The maximum area of a projecting sign is 50 square feet per sign face. No pole or monument sign shall also be located on the property.

(74)     Property. An area of real estate designated as a parcel or lot on a final plat approved by the city and filed with the county clerk's office, or an unplatted tract of land as shown on an abstract.

(75)     Public nuisance. Any sign or similar device that causes annoyance either to a limited number of persons or to the general public or because of its attraction causes a hazard or dangerous condition.

(76)     Public view. Visible from any public right-of-way, city right-of-way, or access easement.

(77)     Residential real estate sign (RRES). An on-site, temporary stake sign used to advertise a home or residential property for sale or lease. A RRES is used to advertise the name of the owner or realtor, telephone number, property information, and/or website address.

a.     Time. No sign permit required. A RRES may be erected 24 hours each and every day.

b.     Place. A RRES shall be erected only on the lot on which the home or property is for sale or lease. A RRES shall be erected no closer than ten feet from the street pavement.

c.     Manner. A RRES shall not exceed six square feet in area. The maximum height of a RRES shall not exceed four feet. A maximum of one RRES shall be erected on a lot.

(78)     Revolving sign. Any sign that turns, spins, or partially revolves or completely revolves 360 degrees on an axis. Revolving signs are prohibited in the city.

(79)     Roadway type. Roadway type shall be defined as per the latest adopted thoroughfare plan of the city and are specifically listed here. Thoroughfares are divided up into the following:

a.     Highways or freeways. Highways and freeways shall include those roadways which are classified as federally aided primary highways. These are more specifically described as S.H. 183, S.H. 121 and S.H. 360.

b.     Major arterials. Major arterials shall include those roadways whose primary function is to carry multi-jurisdictional traffic and, for the purpose of this article, are hereby specifically limited to S.H. 10, FM 157, and Mid-Cities Boulevard.

c.     Minor arterials. Minor arterials shall include Glade Road, Harwood Road, West Pipeline, Raider Drive, Westpark Way, and Euless Main Street.

d.     Local and collector roads. Local and collector roadways shall be considered all other roads not specifically named herein.

(80)     Roof sign. A sign mounted on and supported by the roof portion of a building or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building or a sign that is painted directly to or applied on the roof or top of a building or structure. A sign that is mounted on mansard roofs, or architectural projections, such as canopies or the facade (wall) of a building or structure shall not be considered to be a roof sign.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect or place a roof sign on a property until a sign plan and/or final plat is approved by the planning and zoning commission and/or city council for development of the property, and after the issuance of a building permit at the property.

b.     Place. Roof signs may be erected on nonresidential buildings in commercial or industrial zoning districts. The top of a roof sign shall not extend higher than the roof peak. A roof sign may be installed on a parapet wall; provided, the parapet wall extends around the entire perimeter of the building at the same elevation. A roof sign may be erected on a secondary canopy or a secondary roof over an entry to a building.

c.     Manner. The maximum sign area for roof signs shall be limited to 15 percent of the exterior wall elevation over which the roof sign is oriented.

(81)     Sandwich board sign. See “A-frame sign”, above.

(82)     School sign. An on-site temporary stake sign used to convey school registrations, enrollments, open houses, award ceremonies, PTA meetings, or other school-related events or functions for a public or private educational facility to where the information pertains. A school sign excludes information pertaining to dates, times, and/or locations of scheduled athletic games.

a.     Time. No sign permit required. A school sign may be erected up to seven days prior to the event and shall be removed no more than 48 hours after the conclusion of the meeting or event.

b.     Place. With permission of the owner, a school sign shall be placed at a private or public school, and/or at an improved property that has received a certificate of occupancy. A school sign shall be erected on private property not closer than ten feet from the edge of any street pavement.

c.     Manner. The maximum area of a school sign shall not exceed six square feet. The maximum height of a school sign shall not exceed four feet. A school sign shall not contain any balloons, streamers, pennants, flags, or wind devices.

(83)     Scoreboard. A scoreboard is a structurally-engineered sign erected at an athletic field or stadium and which is generally used to maintain the score or time expired in an event at the field or stadium. This definition includes signs mounted or applied to the outfield wall within a baseball field.

a.     Time. No sign permit required. No restrictions.

b.     Place. Scoreboards shall be erected within or adjacent to an athletic field or stadium.

c.     Manner. No restrictions.

(84)     Searchlight or skylight. Any apparatus capable of projecting a beam or beams of light.

a.     Time. A sign permit is required. The sign permit must be displayed in a conspicuous place visible from the street for the purpose of walk-up inspection. A sign permit shall not be issued until the city has issued a certificate of occupancy for the business that elects to display a searchlight or skylight. One searchlight or skylight may be erected on a lot for no more than three individual periods per calendar year. A single permit for a searchlight or skylight may be issued for only one 24-hour period at a time. A business can only display one searchlight at a time.

b.     Place. A searchlight or skylight shall not be located in required parking spaces, or driveways that provide access to parking spaces or fire lanes, nor shall any searchlight or skylight or its securing devices encroach into a right-of-way. Searchlights and skylights are only permitted within a nonresidential zoning district.

c.     Manner. Searchlights (skylights) shall not be located within 200 feet of a residence and shall not shine into the eyes of occupants in any vehicle or into the any residential window or where the illumination interferes with the readability of any traffic signal or device.

(85)     Sexually oriented business (SOB) signs. Signs utilized to advertise SOBs within the city are governed under chapter 18 of this Code regarding the regulation and licensing of sexually oriented businesses.

(86)     Sign. Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, event, or product by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of print, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings, or structures or supports. This definition shall also include any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or communicate information of any kind to the public.

(87)     Skylight. See searchlight (subsection (84)), above.

(88)     Special event sign permit. A permit issued for a temporary sign installation approved by the building official or their designee, which specifically allows, banners, pennants, balloons, grand opening balloons, advertising matter and stake signs which may be displayed to alert the public of a grand opening, special sales, or similar events. All signage shall be made of materials that are approved by the building official.

a.     Time. A sign permit is required. Special event signage shall be permitted for a duration of no more than seven consecutive days per permit. No more than four special event permits shall be issued for any one business during any calendar year. Special event permits cannot be issued in a consecutive manner. A minimum 30-day interval must pass from the expiration of one special event sign permit to the issuance of another.

b.     Place. Special event signage shall be confined to the on-site location that has obtained the permit. Special event signage shall be located in such a manner as to not interfere with the movement of sight visibility of pedestrian or vehicle traffic.

c.     Manner. All manner of special event signage requested within the permit shall be in conformance with the dimensional and location restrictions hereby defined by this article.

d.     Permit. Applications for special event sign permits shall consist of an application fees as established by the city fee ordinance (chapter 30 of this Code) and two sets of drawings that depict the nature, size, shape, height, type of materials and location of such requested signage.

(89)     Stake sign. A temporary sign that does not exceed six square feet in area with a base/stake commonly made of metal, wood or other similar material approved by the building official with an end for driving into the ground.

(90)     Subdivision identity sign. A subdivision identity sign is a sign mounted to a screening wall or engraved into a masonry block which identifies a residential development or a planned development, whether residential or noncommercial, and generally refers to the platted name of the subdivision or planned development.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect or place a subdivision identity sign on a property until a preliminary plat is approved by the planning and zoning commission for development of the property.

b.     Place. All subdivision identity signs shall be located within the platted limits of the subdivision to which it pertains. A subdivision may contain five or more acres of land or 20 or more platted lots to qualify for a subdivision identity sign. The minimum setback for a subdivision identity sign shall be ten feet from the right-of-way.

c.     Manner. Subdivision identity signs may be in the form of a sign mounted to a screening wall that does not project from the fascia of the wall more than one inch. Two subdivision identity signs are allowed per entry totaling one per side of the street.

 

Maximum Area

Maximum Height

 

Single-Family

Commercial Industrial

Single-Family

Commercial Industrial

Local and collector streets

30 square feet

20 square feet per gross platted acre

6 feet

6 feet

Minor arterials

40 square feet

20 square feet per gross platted acre

6 feet

6 feet

Major arterials

50 square feet

40 square feet per gross platted acre

8 feet

30 feet

Highways

50 square feet

50 square feet

8 feet

30 feet

(91)     Subdivision monumentation. Subdivision monumentation is a physical improvement such as signs, walls, entry features or other similar improvements constructed to draw attention to or enhance a subdivision or its surrounding area.

a.     Time. A sign permit and building permit is required. A building permit and/or sign permit shall not be issued to erect or place subdivision monumentation on a property until a site plan is approved and issued by the city council for development of nonresidentially zoned property, multifamily or townhome zoned properties, or a preliminary plat or final plat is approved by the planning and zoning commission for development of single-family properties. The requirement to prepare the aforementioned plans may be waived should the owner of the property on which the monumentation is proposed to be located or his representative prepare written documentation and/or graphic illustrations to the satisfaction of city staff to explain the relationship of the proposed monumentation to future land uses on the property.

b.     Place. Subdivision monumentation placed on private property shall observe all building line and setback requirements of the governing zoning district. A nonhabitable monument may encroach into a required setback provided all visibility clips and easements are observed and the monument is deemed by city staff not to negatively impact fire protection of existing or future development. Subdivision monumentation may be placed in the right-of-way subject to approval of right-of-way use agreements. Subdivision monumentation may not be erected within an area designated as future right-of-way on the city's thoroughfare plan, as it currently exists or may be amended.

c.     Manner. The developer of the subdivision monumentation must provide a plan for future maintenance of subdivision monumentation to the city for review. The maximum height of subdivision monumentation shall not exceed the maximum height of the governing zoning district.

(92)     Temporary religious sign. A temporary stake sign used to provide the name of and direction to a location occupied by a religious organization or religious group that temporarily operates in a school or other facility. A temporary religious sign identifies the meeting location/address, website information, hours of service, and/or telephone number of a religious organization or group.

a.     Time. No sign permit required. A temporary religious sign may be erected during times of worship provided that the sign is placed no earlier than two hours prior to worship and removed no later than two hours after worship.

b.     Place. A temporary religious sign shall be placed on private property with consent of the property owner. Temporary religious signs shall be erected on private property not closer than ten feet from the edge of any street pavement or designated roadway or right-of-way.

c.     Manner. The maximum area of a temporary religious sign shall not exceed six square feet. The maximum height of a temporary religious sign shall not exceed four feet. A temporary religious sign shall not contain balloons, streamers, flags, pennants, or wind devices.

(93)     Temporary sign. Any sign used to display information that relates to a land use, or a sign with a limited duration which is not rigidly and permanently installed into or on the ground, attached to a building, or as identified in this article.

(94)     Traffic lights and signage. Any traffic-related sign, light, apparatus, or device installed that provides information to vehicular drivers and/or pedestrian traffic. Traffic-related signs, lights, apparatuses, or devices requires approval from the engineering department, which includes the review and approval of design, size, placement, and any other specifications or requirements prior to installation from the traffic engineer. Exemption: Signs, lighting, apparatuses, and/or devices installed or required by federal or state laws.

(95)     Undeveloped. An undeveloped residential or nonresidential property for which a certificate of occupancy has not been issued by the building official to occupy a building on the property or for which final acceptance has not been issued by the city.

(96)     Unified sign development plan. A unified sign development plan is required to be prepared for variance requests. A unified sign development plan is also required prior to the issuance of a sign permit for certain signs specified in this section, or as otherwise required herein, to determine overall sign locations on a property, the relationship of the signs to surrounding existing and proposed improvements, and to determine consistency and uniformity among buildings and signs within a commercial or residential development. The unified sign development plan shall be submitted to the planning and development department.

a.     A unified sign development plan shall contain the following information:

1.     Elevations of the signs illustrating the materials of construction, colors, lighting, fonts of letters, and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building;

2.     Elevations depicting the size of the signs in relation to the size of the buildings within the development;

3.     A plan drawn to the site plan as it currently exists or may be amended, of the site illustrating the location of existing and proposed signs on the property and, if required by city staff, on adjacent properties;

4.     Other information to illustrate the consistency and uniformity of the signs; and

5.     For nonresidential and multifamily developments, the unified development sign plan shall be submitted to the city for review with a site plan of the property. For single-family and two-family developments, the unified development sign plan shall be submitted to the city for review with a preliminary plat, or final plat of the property.

6.     A unified development sign plan required of certain signs specified in this section, or as otherwise required herein, shall be submitted to the planning and development department. The unified development sign plan will be reviewed in accordance with the city's development review schedule and considered for approval by the city council. The city council may approve or deny the unified development sign plan. The decision of the city council is discretionary. The city council's decision is final.

(97)     V-shaped sign. A sign that fronts two street frontages with more than five degrees of parallel.

(98)     Vacant building sign. No sign shall be permitted to remain on any vacant building, except a sign pertaining to the lease or sale of the building to which it pertains, or a sign which is under lease from an owner or his authorized agent when such sign is maintained by a person operating under his own bond. Vacant building signage is prohibited in the city.

(99)     Variance. An official written request to the board of adjustments to allow exceptions to regulations or requirements of this article.

(100)     Vehicle. Any operable or inoperable motorized machine on wheels, treads, or runners by which any person, materials, commodity, or property is or may be transported.

(101)     Vehicle bay sign. A specific type of wall sign either painted or erected against an exterior wall or erected parallel to a wall identifying the vehicle entrance (bay) to a structure.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, place or install a wall sign on a property until a site plan is approved by the city council for development of the property and after issuance of a building permit for a building on the property.

b.     Place. Vehicle bay signs shall be placed immediately adjacent to the physical entrance to the building accessible to vehicles. Vehicle bay signs may also be painted or attached to the door of the vehicle bay.

c.     Manner. One vehicle bay sign is allowed per vehicle bay. Any vehicle bay sign may not exceed 75 percent of the width of the vehicle bay it is identifying and may not exceed 24 inches in height.

(102)     Vehicle sign. A sign attached to any vehicle, truck, car, bus, trailer, boat, recreational vehicle, motorcycle or any other vehicle; however, any vehicle, whether operable or not, shall not be parked and/or decorated where the intent is to use the vehicle as advertising. Vehicle signs shall exclude bumper stickers and state required registration or inspection stickers/identifications.

a.     Time. No sign permit required. Vehicle signs are allowed 24 hours each and every continuing day.

b.     Place. Vehicle signs are permitted provided that during periods of inactivity such vehicle is not parked in the right-of-way or placed in a manner that the vehicle sign is readily visible from an adjacent right-of-way. “For sale” signs placed in or on vehicles when the vehicle is parked or placed in a manner that the vehicle sign is readily visible from an adjacent public right-of-way are prohibited, with the exception that one vehicle may contain a “for sale” sign parked or placed at an occupied single-family, two-family, townhome, or multifamily dwelling unit is permitted.

c.     Manner. Vehicle signs are permitted provided that:

1.     The primary purpose of the sign is not for display of the sign;

2.     The signs are painted upon or applied directly to an integral part of the vehicle;

3.     The vehicle is operable, currently registered and licensed to operate on public streets and actively used in the daily function of the business to which such signs relates;

4.     The vehicle is not used as a static display, advertising a product or service, not utilized as storage, shelter, or distribution points for commercial products or services for the public; and the vehicle does not meet the definition of a mobile advertisement sign.

(103)     Vending machine sign. A sign attached to or incorporated as part of a vending machine or gasoline pump and generally advertises products dispensed, offered or sold from the vending machine or gasoline pump.

a.     Time. No sign permit required. Vending machine signs may be displayed 24 hours each and every day.

b.     Place. Vending machine displaying vending machine signs shall not obstruct pedestrian or vehicular traffic.

c.     Manner. Vending machine signs shall be directly attached to a vending machine or gasoline pump. Vending machine signs shall be flat and shall not project from the vending machine or gasoline pump. Unless, otherwise, required by federal, state or local laws, signs that promote products or other items shall not be attached to light poles, canopy supports, rails, trees, parking signs, vehicles, or other objects.

(104)     Wall sign (primary). Any sign either painted or erected against an exterior wall or erected parallel to a wall. A primary wall sign is a sign erected parallel to and extending not more than 18 inches from the facade of any building to which it is attached, supported throughout its entire length by the building face. A primary wall sign identifies the name of a business and/or logo of a business. Neon shall not be installed on any wall sign installed below nine feet from grade. A primary wall sign may include neon tubing attached directly to a wall surface when forming a border for the subject matter or when forming letters, logos, or pictorial designs. This definition shall not include painted on murals. Murals are not subject to the primary wall sign regulations contained herein. Primary wall signs are permissible subject to the following conditions and upon issuance of a sign permit. No building shall have both a primary wall sign and an awning sign on the same building face.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, place or install a primary wall sign on a property until a site plan is approved by the city council for development of the property and after issuance of a building permit for a building on the property.

b.     Place. Primary wall signs are permitted only in conjunction with a nonresidential use or in a nonresidential zoning district. When projections on the wall face prevent the erection of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom and ends with incombustible materials. For buildings with a height of five stories or greater, a wall sign may extend above the roofline of the building on which it is attached up to 25 percent of the sign's height. The primary wall sign must be located on that portion of the building that is five stories or greater.

c.     Manner.

1.     The total number of primary wall signs allowed shall be as follows:

Building (Elevation) Width (in Feet)

Number of Allowed Wall Signs

< 65 feet

1

66 feet up to and including 100 feet

2

101 feet up to and including 150 feet

3

>151 feet

4

2.     The total cumulative size of all allowed primary wall signs per elevation shall be as follows:

Building Height Measured at Plate (Feet)

Maximum Sign Height (Feet)

Maximum Percentage of Wall Length*

0 to 20

4

75

> 20 to 30

6

60

> 30

8

50

*Note: Primary wall signs shall not occupy more than the maximum percentage of the length of any wall on which it is erected. Corporate logos may exceed the maximum sign height by 50 percent.

(105)     Wall sign (secondary). Any sign either painted or erected against an exterior wall or erected parallel to a wall. A secondary wall sign is a sign erected parallel to and extending not more than 18 inches from the facade of any building to which it is attached, supported throughout its entire length by the building face.

a.     Time. A sign permit is required. A sign permit shall not be issued to erect, place or install a secondary wall sign on a property until a site plan is approved by the city council for development of the property and after issuance of a building permit for a building on the property.

b.     Place. Secondary wall signs are permitted only in conjunction with a nonresidential use or in a nonresidential zoning district. A secondary wall sign shall not count against the total number of primary wall signs allowed based on the elevation width of the building.

c.     Manner. One secondary wall sign is allowed per elevation. The secondary wall sign area shall not exceed ten percent of the maximum area allowed by the primary wall sign.

(106)     Warning sign. Sign having an area of not more than six square feet nor height greater than six feet, the message of which is limited to warning of danger or prohibitions or regulations of the use of the property or traffic parking thereon. No sign permit required.

(107)     Weekend parkway sign. Any temporary on or off-premise sign located within the public right-of-way. Weekend parkway signs are hereby prohibited within the city with the exception of weekend parkway signs for new construction homebuilders. New construction homebuilders weekend parkway signs may be allowed until such time as the city approves a contract for, and has installed a kiosk sign program. Until a kiosk sign program has been implemented, new construction homebuilder's weekend parkway signs shall be subject to the following standards:

a.     Time. Sign permit required. All new construction homebuilder weekend parkway sign(s) shall be permitted through the city. New construction homebuilder weekend parkway signs shall only be allowed to be placed between 12:00 noon on Friday and 12:00 noon the following Monday. New construction homebuilder weekend parkway signs placed outside of those hours are prohibited.

b.     Place. A new construction weekend parkway sign shall not be located within the public right-of-way and shall be located only on private property with the permission of the private property owner. A new construction weekend parkway sign shall be erected no closer than ten feet from the street pavement.

c.     Manner. A new construction weekend parkway sign shall not exceed six square feet in area. The maximum height of a new construction weekend parkway sign shall not exceed four feet.

(108)     Window sign. Any sign, poster, window slick, or other similar displayed item, excluding banners, located on the internal or external surface of a window for the purpose of advertising a business' name, telephone number, website information, services, commodities, and/or products offered or sold that are available within the building that is visible from a public street or sidewalk.

a.     Time. No sign permit required. A window sign may be displayed 24 hours each and every continuing day.

b.     Place. Window signs shall only be displayed on the inside or exterior of a window.

c.     Manner. The maximum area of a window sign shall not exceed 15 percent of the window where the sign is displayed. Window signs are limited to one sign per window. Illuminated and non-illuminated window signs or its appendages shall not blink, strobe, fade, flash, scroll, or move in any manner. Illuminated window signs shall remain static and stationary. Window signs placed within windows subject to section 60-5 “visibility” of this Code shall be limited to 15 percent of the remaining window area not constrained by the provisions of section 60-5 of this Code.

(109)     Wind device. Any pennant, streamer, spinner, balloon, cloud buster balloon, inflatable objects or similar devices made of cloth, canvas, plastic or any flexible material designed to float or designed to move, or moves freely in the wind, with or without a frame or other supporting structure, used for the purpose of advertising or drawing attention to a business, commodity, service, sale or product. Exception: Flags and grand opening balloons and/or grand opening balloon arrangements shall not be considered a wind device. Wind devices are prohibited in the city.

(110)     Yard sign. A temporary stake sign used to publicize the arrival of a newborn, participation of a family member in a school activity or sport or military activity, the presence of a security system, animals, and seasonal decorations or the promotion of neighborhood activity regarding the leasing of mineral rights.

a.     Time. No sign permit required. Yard signs may be erected 24 hours each and every day.

b.     Place. Yard signs shall be located only on lots containing an occupied single-family, two-family, or multifamily dwelling. Yard signs shall be erected no closer than ten feet from the street pavement.

c.     Manner. Signs advertising the presence of a home security system shall not exceed one square foot in area. Signs advertising the arrival of a newborn, the participation of a family member in a school activity or sport or military activity, or the presence of animals shall not exceed four square feet in area. Seasonal decorations are excluded from place and manner requirements.

(Ord. No. 1861, § 1, 8-25-09; Ord. No. 2012, § 1, 10-8-13)

   Secs. 84-233–84-259     Reserved

   Division 2. Permits

   Sec. 84-260     Required

No sign, other than those signs allowed without a permit by section 84-232 of this article, shall be erected, placed, attached, secured, altered or displayed to/on the ground, any building, or any structure, until a permit for such sign has been issued by the building official.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-261     Permit termination

A permit issued for any sign and its supporting structure shall automatically terminate after the use for which the sign directs attention is discontinued for a period of 180 days or longer. Additionally, an annual permit shall automatically terminate and be deemed void on the first of January of each year. A permit issued for any sign including its supporting structure, shall automatically terminate in the event the sign shall fail and not be corrected within 180 days. Upon cessation of the permit for any sign, such sign and its supporting structure shall thereafter constitute a non-permitted structure and shall be subject to removal pursuant to the provisions of the building code and the owner thereof or occupant of the premises upon which the sign is situated shall be subject to fine and/or penalty as provided pursuant to the provisions of this code and the building codes of the city.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-262     Application for permit

An application for a sign permit may be obtained from the city. The building official shall approve or deny an application for a sign permit within 30 days of the city's receipt of the application. A sign permit will be issued if a proposed sign conforms to all city ordinances. Upon request by the city, a diagram shall be provided showing the location of all signs on the property and/or adjacent properties. Incorrect information on an application shall be grounds for denial or revocation of a sign permit. Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The building official may require the filing of plans or other pertinent information which, in their opinion, such information is necessary to insure compliance with this article. Standard plans may be filed with the building official.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-263     Fees

A sign permit fee and a plan checking fee shall be paid to the city in accordance with the most current fee schedule adopted by the city.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-264     Maintenance

(1)     All signs and supporting structures, together with all their supports, braces, guys and anchors shall be kept clean, neatly painted, free from all hazards, including, but not limited to, faulty wiring and loose fastenings, and be maintained in a safe condition at all times so as not to be detrimental to the public health and safety. In the event that a sign fails to meet the qualifications of this section, the building official or their designee shall give written notice to the person or persons responsible for such sign. If the sign is not repaired or replaced within 60 days of such written notice, the permit for such sign shall be revoked and the administrator is then authorized to cause the removal of the sign. If such sign cannot be demolished because it is painted on a non-sign structure, such sign shall be painted over or removed by sandblasting. Any expenses incurred shall be paid by the owner of the land, building, or structure on which the sign was removed. The building official shall also file a lien against the property in the amount of the cost of any and all such work.

(2)     In the event that the property for which the signage was intended for or on which the signage is located has closed the business for a period of time exceeding 60 days, the building official may require the owner of such property to cover all signage so as to make all sign faces blank and free from wording or advertisement.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-265     Inspections

(1)     All signs for which a permit is required shall be subject to inspection by the building official.

(2)     Footing inspections may be required by the building official for all signs having footings with the exception of poles constructed to display permitted flags.

(3)     All signs containing electrical wiring shall be subject to the provisions of the governing electrical code, and electrical components shall bear the label of an approved testing agency.

(4)     All signs may be re-inspected at the discretion of the building official.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-266     Measurement of sign area and height

(1)     The area of a sign shall be measured as follows:

a.     For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula ([square equals] height multiplied by width, [circle equals] 3.14 multiplied by radius squared, etc.). This method of measurement is most commonly-used for banners, commercial real estate signs, model home signs, monument signs, project development signs, and stake signs.

b.     For sign with a shape that is irregular, the area shall be measured by enclosing the sign elements to the closest geometric shape. The method of measurement is most commonly used for awning signs and wall signs with individual lettering and for irregularly-shaped signs.

c.     The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign.

d.     Where a sign has two faces, the area of both faces shall be used to determine the area of the sign; provided, the two faces are within five degrees of parallel. Where a sign has two or more faces and exceed greater than five degrees from parallel, the sign area shall be calculated as the sum of the area of each face (a “V-shaped” sign). A V-shaped sign is only permitted at the corner of a property with two-street frontages.

(2)     The area of primary wall signs containing multiple elements shall be calculated as follows:

a.     Regardless of the spacing between letters, letters forming a word or name shall be considered a single sign.

b.     When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by less than the width or height of the largest item, the items shall be considered a single sign and the area shall be determined by measuring the area enclosing the sign elements with straight, intersecting lines. The following sign elements are considered one sign.

c.     When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by more than the width or height of the largest item, the items shall be considered a separate sign and the area of each item shall be determined individually. The following sign elements are considered two signs.

(3)     The supports of a stake sign, A-frame sign, project development sign, or commercial real estate sign shall not be included in calculating the area of a sign, but shall be included in the measurement of the height of a sign.

(4)     The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade below the sign and/or support structure, unless otherwise noted in this article. If a sign is located on a mount, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. Measurement for a sign height will be determined from the curb grade at the property line.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-267     Sign specifications, design and other requirements

(1)     Compliance with Unified Development Code, International Building Code, National Electrical Code, and other ordinances. All sign structures shall comply with the city's Unified Development Code, as it currently exists or may be amended, the International Building Code, the National Electrical Code, and other city ordinances, as they currently exist or may be amended. If the standards as described herein are more restrictive than another ordinance or code, then the provisions of this article shall apply.

(2)     Visibility. All signs shall observe all visibility requirements. Signs shall not be placed within visibility triangles, or corner clips as defined in the city's thoroughfare and circulation design requirements, as it currently exists or may be amended. Signs shall not create a hazard.

(3)     Signs posted in specified areas. Unless otherwise permitted within this article, no person shall post or cause to be posted, attach or maintain any sign upon:

a.     Any city-owned property or right-of-way without written permission of the city manager or their designated representative;

b.     Any utility easement. Should a property owner be able to demonstrate to the city engineer and/or franchise utility company that there is no other viable location for a sign other than a utility easement, a sign may be located within the utility easement subject to written approval from the city engineer and/or franchise utility company and subject to the providing of a letter to the city releasing the city of any liability for repair or replacement of a sign damaged by work occurring within the utility easement;

c.     Any tree, utility pole or structure, street sign, rail, or any fence;

d.     Any fence, railing or wall, except in accordance with subsection 84-232 (102) of this article (Wall sign (primary)); or

e.     Any sidewalk within the right-of-way or sidewalk easement, curb, gutter, or street, except for house numbers or fire lane designation.

(4)     Signs attached to fire escapes. No sign shall be attached in any manner to any fire escape or to the supporting members of any fire escape, nor shall it be guyed to or supported by any part of a fire escape.

(5)     Accumulation of rainwater. All signs shall be constructed to prevent the accumulation of rainwater in the sign.

(6)     Location near telephone cable, power line, or streetlight. No sign shall be erected nearer than two feet from any telephone cable, power line or any streetlight standard.

(7)     Signs not to block or interfere with exits or windows, or pedestrian and vehicular traffic. No sign shall be erected to block, partially block, or interfere in any way with a required means of exit from any building nor with any window. No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking.

(8)     Glass signs over public property or pedestrian area. Signs constructed of glass or other materials which may shatter upon impact are prohibited over a public right-of-way or pedestrian area.

(9)     Identification marking required. All signs that require the issuance of a permit after adoption of this article shall have attached, written, or painted in a weatherproof manner and in a conspicuous place thereon, in letters not less than one inch in height, the date of erection and the sign permit number on the sign.

(10)     Assumed wind load for design purposes. For the purposes of design of structural members in signs, an assumed wind load of 20 pounds per square foot shall be used.

(11)     Multiple signs on a property or building. The permitting of a sign on a property or building shall not preclude the permitting of other types of signs on a property or building, unless the signs are expressly prohibited herein.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-268     Removal impoundment of prohibited signs

(1)     All prohibited signs or noncompliant signs shall be considered a public nuisance and are prohibited by this article in the city. Upon identification of any prohibited sign, the building official or their designee shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the installer of the sign. The notification shall state that the offending sign shall be removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so by the building official. The notification shall further state that if the prohibited sign is not removed within a specific timeframe (not to exceed ten days) a citation may be issued and the city may resort to any civil remedy available up to and including impoundment. If any sign is determined to present an immediate danger to public health, safety, or welfare, the city shall remove it immediately. Within ten days of the removal of the sign, the building official shall notify the owner of the property on which the sign was located of the reasons for the removal of the sign. Signs authorized by a sign permit number with an expiration date shall be removed promptly upon the date of expiration. Signs remaining after the date of expiration shall be deemed prohibited. The sign permit that provides the expiration date shall be considered adequate notice of violation.

(2)     It shall be unlawful for any person, firm, entity or corporation receiving such written notification or having an expired sign permit to fail to comply with the direction of the notification. In the event failure to comply with such notice provided, the building official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located.

(3)     If a sign is placed within a public right-of-way or on a city-owned property in violation of this article, the sign may be immediately removed and impounded.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-269     Impounded signs and recovery

(1)     Impounded signs may be recovered by the owner within 15 days from the date of the written notification of impoundment by paying a fee as follows:

a.     A fee of $200.00 for signs which are six square feet or less in area.

b.     A fee of $400.00 for signs which are larger than six square feet in area.

(2)     Impounded signs not recovered within 15 days of impoundment may be disposed of by the city in any manner it shall elect.

(3)     Illegal signs removed from public property, including the city's right-of-way, park property or other city maintained area may be immediately disposed of by the city in any manner it shall elect.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-270     Neglected and abandoned signs

(1)     Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited by this article. Upon written notification by the building official or their designee, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located. The notification shall state that the offending sign shall be repaired or removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within ten days after written notification to do so by the building official or his representative. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the city may resort to any civil remedy available to remove or repair the sign, up to and including impoundment. If any sign is determined to present an immediate danger to public health, safety or welfare, the city shall remove it immediately. Within ten days of the removal of the sign, the building official shall notify the owner of the property on which the sign was located of the reasons for the removal of such sign.

(2)     It shall be unlawful for any person, firm, entity or corporation receiving such written notification to fail to comply with the direction of the notice. In the event failure to comply with such notice provided under this section, the building official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building or structure upon which such sign was located.

(Ord. No. 1861, § 1, 8-25-09)

   Secs. 84-271–84-279     Reserved

   Division 3. Nonconforming Uses; Variances

   Sec. 84-280     Nonconforming uses/signs and sign variances

It is the declared purpose of this division that nonconforming signs and signs directing attention to nonconforming uses, eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. Any sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign. Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the schedule of on-premises signs contained in section 84-232 of this article and other applicable sections of this chapter regardless of the zoning district in which the use the sign serves is located.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-281     Use of lawfully existing nonconforming signs

Any permanent nonconforming sign that was lawfully erected and operated prior to the effective date of this chapter may be used and maintained exactly as such existed upon the effective date of this chapter. No lawfully existing nonconforming sign shall:

(1)     Be changed to another nonconforming sign except as provided for by or section 84-280 of this article.

(2)     Have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of messages such as a changeable reader board or electronic message center or billboard.

(3)     Be structurally altered so as to prolong the life of the sign or change the shape, size, type or design of the sign.

(4)     Be reestablished after the activity, business, or usage to which it relates has been discontinued over a period of 180 days or longer.

(5)     Be reestablished after damage or destruction of said sign if the estimated expense of reconstruction exceeds 50 percent of the reproduction cost.

(6)     All lawfully existing nonconforming wall signs directly painted on the elevation wall shall be required to be in compliance with the standards of section 84-232 of this article if the organization, business, company, lessee or other entity is required to apply for a renewal or new certificate of occupancy.

(Ord. No. 1861, § 1, 8-25-09)

   Sec. 84-282     Variances to the sign standards

The board of adjustment may grant variances from the requirements of [section 84-232] of this article, upon application and finding that the granting of the variance will reduce the degree of nonconformity of an existing sign or will result in the removal of one or more lawfully existing nonconforming signs and replacement by sign or signs more in keeping with the spirit, purpose and provisions of this chapter. Should the board of adjustment grant a variance which permits the erection or maintenance of a nonconforming sign, said sign shall be deemed a lawfully existing nonconforming sign and shall be subject to the requirements for same stated herein.

(Ord. No. 1861, § 1, 8-25-09)

   Secs. 84-283–84-329     Reserved

   ARTICLE VII. LANDSCAPING, FENCES, WALLS, SCREENING AND OUTDOOR STORAGE REQUIREMENTS

   Division 1. Generally

   Sec. 84-330     Purpose and intent

The purpose and intent of this article is as follows:

(1)     Stabilizing ecological balance. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge, and stormwater runoff retardation, while at the same time aiding in noise, glare and heat abatement.

(2)     Retention of native vegetation. To ensure that the local stock of native trees and vegetation is retained and replenished.

(3)     Adequate light and air. To assist in providing adequate light and air and in preventing overcrowding of land.

(4)     Visual buffering. To provide visual buffering and enhance the beautification of the city.

(5)     Enhancement of property values. To safeguard and enhance property values and to protect public and private investment.

(6)     Economic base. To preserve and protect the unique identity and environment of the city and to preserve the economic base attracted to the city by such factors.

(7)     Conservation. To conserve energy.

(8)     Protection. To protect the public health, safety and general welfare.

(Ord. No. 1133, § 1(7-100), 3-22-94)

   Sec. 84-331     Landscaping requirements

This article specifies the standards for the treatment of open space in a manner so as to promote safety, preserve property value, promote the general welfare of the city, and to enhance the aesthetic quality of the community.

(Ord. No. 1133, § 1(7-200), 3-22-94)

   Sec. 84-332     Applicability

Except as otherwise provided below, these regulations shall apply to all land within the city. Such landscaping standards shall become applicable at such times as an application for a building permit is made. These requirements remain with any subsequent owner.

(1)     Exemptions. These requirements shall not apply to building permits for the following:

a.     Land in planned development districts having a specifically approved landscape plan;

b.     Substantial restoration within a period of 12 months for a building which has been damaged by fire, explosion, flood, tornado, riot or calamity of any kind;

c.     Remodeling as long as the front and side exterior walls of the building remain in the same position.

(2)     Prior approvals. Where a specific landscape plan has been approved prior to the effective date of this chapter, the landscaping requirements of the city in effect at the time of such approval shall apply.

(Ord. No. 1133, § 1(7-201), 3-22-94)

   Sec. 84-333     Landscaping standards for one-and two-family dwellings

All one- and two-family dwellings shall have installed not less than 14 locally adapted shrubs and two two-inch caliper locally adaptable large trees. Such required landscaping shall be located within the front yard and be in a thriving condition at time of final inspection of the main structure.

(Ord. No. 1133, § 1(7-202), 3-22-94)

   Sec. 84-334     Landscaping standards for other than one- or two-family dwellings

(a)     Area required. On all lots, not less than 15 percent of the area of the street yard shall be landscaped area. All of the required landscaped area shall be located in the street yard and parking lots.

(b)     Trees required. At least one large tree of at least three inches in caliper and 12 feet in initial height shall be provided as follows:

(1)     Street yards less than 10,000 square feet. In street yards of less than 10,000 square feet, one tree per 1,000 square feet, or fraction thereof, of street yard shall be maintained.

(2)     Street yards between 10,000 and 100,000 square feet. In street yards of more than 10,000 square feet and not more than 100,000 square feet, not less than ten trees plus one tree per 2,000 square feet, or fraction thereof, of street yard area over 10,000 square feet shall be maintained.

(3)     Street yards of more than 100,000 square feet. In street yards of more than 100,000 square feet, not less than 55 trees plus one tree per 4,000 square feet, or fraction thereof, of street yard area over 100,000 shall be maintained.

(4)     Credit for existing trees. An existing or planted tree of at least six inches in diameter and at least 15 feet in height shall be considered as two trees for purposes of satisfying this requirement. All existing trees used to satisfy the minimum required number of trees shall be maintained in an undisturbed permeable area contained within the dripline of the tree.

(5)     Ornamental trees. In lieu of one large tree, two small trees (as listed on the plant list contained herein) may be used. Said small trees shall be a minimum of six feet in height at the time of planting. Not more than 50 percent of the required large trees may be substituted by installing ornamental trees at a rate of two ornamental trees to one large tree. All newly planted trees shall be planted in permeable area of not less than three feet in diameter.

(c)     Shrubbery required. Placement of shrubbery shall be taken into consideration as to the plant at full maturity, and be located so as not to conflict with vehicular or pedestrian traffic visibility. Shrubbery shall be provided as follows:

(1)     Street yards of less than 10,000 square feet. In street yards of less than 10,000 square feet, not less than one shrub shall be maintained for every 50 square feet of the area required to be landscaped.

(2)     Street yards between 10,000 and 100,000 square feet. In street yards having at least 10,000 and not more than 100,000 square feet, 30 shrubs plus one shrub per 100 square feet of required landscaped area over 1,500 square feet shall be provided.

(3)     Street yards more than 100,000 square feet. In street yards of more than 100,000 square feet, not less than 165 shrubs plus one shrub per 500 square feet of required landscaped area over 15,000 square feet shall be maintained.

(d)     Ground cover required. Ground cover shall be provided as follows:

(1)     Street yards less than 10,000 square feet. In street yards of less than 10,000 square feet, not less than ten percent of the land area required to be landscaped shall be maintained in ground cover.

(2)     Street yards 10,000 square feet or more. In street yards of 10,000 square feet or more, not less than 150 square feet of ground cover plus five percent of the required landscaped area over 1,500 square feet (up to 4,000 square feet) shall be maintained in ground cover.

The remaining landscaped area shall be maintained in lawn grass and bedding plants, with mulch used around bedding plants, shrubs and trees. All ground cover areas shall be kept clear of weeds and undergrowth.

(e)     Parking lots and vehicular use areas. A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsulas or medians.

(1)     Street yard area. The minimum total area in such islands, peninsulas and medians in the street yard shall be 90 square feet for each 12 parking spaces. Landscape islands, peninsulas and medians located in the street yard may be included in calculating the minimum required landscape in the street yard.

(2)     Nonstreet yard area. The minimum total area in such islands, peninsulas and medians in the nonstreet yard shall be 60 square feet for each 12 parking spaces.

(3)     Distribution of islands, medians, and peninsulas. The number, size, and shape of islands, peninsulas, and medians, in both street and nonstreet yards shall be at the discretion of the applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas, and medians for the respective parking areas above is satisfied.

(f)     Indiscriminate clearing prohibited. The existing natural landscape character (especially native oak, elm and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the applicant shall use best good faith efforts to preserve such trees. In determining compliance with this subsection, the administrator shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural character; the nature and quality of the landscaping installed to replace it; and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation is prohibited.

(g)     Irrigation. All required landscaping shall be irrigated by an underground irrigation system approved by the administrator.

(h)     Erosion control. All impervious areas shall be maintained with groundcover and shrubbery in a manner to control erosion.

(i)     Protection. All required landscaped areas which are adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as railroad ties, continuous border plants or hedgerows).

(j)     Obstruction prohibited. Landscaping shall not be located or placed to obstruct any emergency equipment such as fire hydrants and sprinkler system connections, etc., nor shall landscaping be placed in a manner to obstruct emergency ingress/egress access to the building. Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping obstruct views within the radius of any curb return. Sight triangles shall be provided within the property at all driveways and street intersections. Sight triangles shall be eight feet by 70 feet with the eight-foot leg within the property along the driveway.

(k)     Maintenance. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.

Landscaped areas shall be kept free 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.

(l)     Right-of-way. Landowners are encouraged to landscape nonpaved publicly-owned street right-of-way abutting their land. Provided, however:

(1)     Removal of landscaping. The city may at any time remove or require the landowner to remove any landscaping located within any right-of-way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said right-of-way or public easement.

(2)     Traffic regulations. Such landscaping in the right-of-way shall observe established rules and regulations pertaining to traffic and pedestrian safety.

(m)     Parking lot lighting. Landscape provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme.

(n)     Recommended plants. All plants used to satisfy this chapter shall be of a species common or adaptable to this area of Texas. The following is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant is appropriate for the intended use.

Recommended Plants

Large Trees

Common Name

Botanical Name

Comments

Evergreen?

Height

Growth

Water

Afghan Pine

Pinus eldarica

Fast growing, drought tolerant

No

25–50'

Rapid

Mod

Bald Cypress

Taxodium distichum

Likes wet feet, fall color

No

50'+

Mod

Moist

Bradford Pear

Pyrus calleryana “Bradford”

Shiny foliage, disease resistant

No

25–50'

Mod

Mod

Bur Oak

Quercus macrocarpa

Nice branching shade tree

No

50'+

Rapid

Mod

Cedar Elm

Ulmus crassifolia

Nice for shade

No

25–50'

Mod

Mod

Lacebark Elm

Ulmus parvifolia

Fast growth, disease resistant

No

25–50'

Rapid

Mod

Live Oak

Quercus virginiana

Long lived

Yes

25–50'

Slow

Dry

Pecan

Carya Illinoensis

Texas state tree, great for shade

No

70'

Mod

Moist

Pistache

Pistachia chinenesis

Fall color, rapid growth

No

25'

Rapid

Mod

Red Oak

Quercus Shumardii

Red fall color excellent shade

No

50'+

Rapid

Mod

Southern Magnolia

Magnolia grandiflora

Large evergreen

Yes

60–70'

Mod

Moist

   

Small Trees

Common Name

Botanical Name

Comments

Evergreen?

Height

Growth

Water

Crape Myrtle

Lagerstroemia indica

Summer blooms in many colors

No

<25'

Rapid

Mod

Japanese Black Pine

Pinus thunbergi

Evergreen ornamental

Yes

<25'

Mod

Mod

Mexican Plumb

Plumus mexicana

Bright white flowers

No

<25'

Mod

Mod

Purpleleaf Plum

Prunus cerasifera

Purple foliage, flowers in spring

No

<25'

Rapid

Mod-

dry

Redbud

Cercis canadensis

Pink flowers in spring

No

<25'

Mod

Mod

Yaupon Holly

Ilex vomitoria

Very hardy, great in small areas

Yes

<25'

Rapid

Mod-

dry

 

Shrubs

Common Name

Botanical Name

Comments

Evergreen?

Height

Growth

Water

Dwarf Burford Holly

Ilex cornuta “Bufordii nana”

Shiny green leaf

Yes

5'

Mod

Mod

Dwarf Chinese Holly

Ilex cornuta “Rotunda”

Low rounded growth, tough

Yes

3'

Slow

Mod

Dwarf Yaupon

Ilex vomitoria “nana”

Dense rounded growth

Yes

3'

Slow

Mod

Flowering Quince

Chanomeles “Texas Scarlet”

Red flower, early spring

No

6'

Mod

Mod

Forsythia

Forsythia intermedia

Yellow flower in early spring

No

6'

Mod

Mod

Japanese Barberry

Berberis thunbergi

Thorns, red foliage

Yes

2–5'

Slow

Mod

Nandina

Nandina Domestica

Red winter foliage

Yes

6'

Rapid

Mod

Pampas Grass

Cordateria Selloana

Fall flower

Yes

6'

Rapid

Mod

Photinia

Photinia Fraseri

Tall, red foliage spring/fall

Yes

15'

Rapid

Mod

Sea Green Juniper

Juniperus Chinensis “Sea Green”

Arching growth

Yes

6'

Mod

Mod

Spiraca

Spiraca prunifolia

White flower, April-May

No

6'

Mod

Mod

Tam Juniper

Juniperus sabina “Tam”

Low growth, tolerates heat

Yes

5'

Mod

Dry

Texas Sage

Leucophyllum frutescens “nana”

Gray foliage, blooms after rain

Yes

6'

Slow

Mod-

dry

 

Ground Covers

Common Name

Botanical Name

Comments

Evergreen?

Height

Growth

Water

Asian Jasmine

Trachelospermum asiaticum

Rapid spread

Yes

1.5'

Rapid

Mod

Euonymus Coloratus

Euonymus fortunei “coloratus”

Winter color

Yes

1.5'

Mod

Mod

Juniper Species

Jun. horizontalis, procumbens

Tolerates heat/drought

Yes

1.5'

Slow

Mod

Mondo Grass

Ophiopogon japonicus

Small dark leaves

Yes

8"

Rapid

Mod

Monkey Grass

Liriope muscari

Hardy, blue flower

Yes

1.5'

Rapid

Mod

Vinca/

Periwinkle

Vinca Minor

Shade, blue flowers

No

1.5'

Rapid

Mod

(Ord. No. 1133, § 1(7-202), 3-22-94; Ord. No. 1170, § I, 4-11-95)

   Sec. 84-335     Approval procedures

(a)     Landscape plan required. A landscape plan shall be required containing the following information:

(1)     Date, graphic scale, north arrow, title and name of applicant/owner.

(2)     Location of existing boundary lines and dimensions of the tract.

(3)     Approximate centerline of existing water courses; location of significant drainage features; and the location and size of existing and proposed streets, alleys, utility and emergency access easements and sidewalks.

(4)     Location, size, and type (tree, shrub, groundcover or grass) of landscaping in proposed areas and location and size of proposed landscaped areas.

(5)     Location and species of existing trees having trunks of six inches or larger in diameter and the approximate size of their crowns.

(6)     Information necessary for verifying the required minimum amount of landscaped area.

(7)     Plans for protecting retained existing trees from damage during construction.

(8)     Location and size of the proposed irrigation system.

(b)     Professional requirement. Landscape plans for projects which incorporate over two acres of lot area shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared and signed by a licensed irrigator or other professional authorized by the state to design such systems.

(c)     Plan approval. Landscaping and irrigation shall be installed in accordance with plans approved by the administrator. Should the administrator deny a landscaping scheme for noncompliance with the requirements the applicant, may, within seven days of the decision, appeal that decision to the planning and zoning commission. The planning and zoning commission shall be the final judge as to whether the proposed landscape plans complies with the intent of these regulations. However, not less than three-quarters of all the members of the planning and zoning commission shall be required to overturn the decision of the administrator.

(d)     Fee required. An inspection fee in an amount set by council shall be collected by the administrator at the time of application of a building permit.

(e)     Fiscal arrangements. If, at the time of an application for a certificate of occupancy, required landscaping is not yet in place for seasonal consideration, the applicant shall make fiscal arrangements (by bond, certificate of deposit, or letter of credit) satisfactory to the city in the amount of $2.00 per square foot of required landscaping not yet in place to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the city license to enter upon the land for the purposes of installing the required landscaping in the event that such landscaping is not installed by the applicant within nine months. Such fiscal arrangements shall be for a period of not less than 12 months.

(Ord. No. 1133, § 1(7-203), 3-22-94)

   Sec. 84-336     Screening requirements

(a)     Applicability. These regulations shall apply to all land within the city. Such screening regulations shall become applicable upon any change of use, ownership, occupancy or at such time as a building permit is applied for except as otherwise specified by this chapter.

(b)     Types of screening (in general). Where required, screening fences and walls shall be erected to a height not less than six feet and provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Except for the landscape buffer, no screening fence or wall shall have more than 40 square inches of openings over any one square foot of fence or wall surface. Only the following types of screening shall qualify as meeting the requirements of this chapter.

(1)     Landscaped buffer. This type of screening shall consist of a landscaped strip of not less than five feet in width and shall include hedgelike shrubbery of evergreen planting material capable of obtaining a minimum height of six feet within the first three years of initial planting. Such evergreen planting material shall be planted at a minimum spacing of four feet on centers and be a minimum height of two and one-half feet at initial planting. An automatic underground drip irrigation or sprinkler system shall be provided for all required landscaped buffer screens. Any landscaped buffer required by this code shall be maintained in a healthy, thriving condition.

(2)     Screening fence. Fencing may consist of a solid wood panel or a galvanized metal chainlink fence with all-weather slats interwoven into the metal fabric. Such fencing shall be constructed on metal posts and placed in concrete footings with bracing. When a screening fence is required, a ribbed metal panel fence or masonry wall as described below may be used.

(3)     Ribbed metal panel fence. A ribbed metal panel fence shall be suitably finished to blend with the primary structure and shall be erected on a structurally sound metal frame set in concrete. When a ribbed metal panel fence is required, a masonry wall described below may be used.

(4)     Masonry wall. A masonry fence or wall shall be constructed with the finish side out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish or decorative masonry unit. In no case shall more than 25 percent of the area of the wall be erected with common smooth faced masonry units. Masonry wall panels must be engineered with structural concrete footings. Steel lintels shall be required for thin wall construction. Brick detailing shall be added to the top of a masonry wall to produce a change in texture and plane, and offsets shall be created in the wall to provide visual variety. Masonry columns must be installed at a maximum of 30 feet on centers, shall be taller than the rest of the wall, and shall have decorative caps.

(c)     Screening of satellite reception dishes. All ground-mounted satellite television reception dishes greater than eight feet in diameter and authorized herein without special use permit, wherever located, shall be visually screened on all sides by a five-foot wide landscaped buffer as described by section (b)(1) above.

(d)     Screening required between uses and dissimilar districts. Screening between an incoming use and a less intensive zoning district shall be provided prior to occupancy of the incoming use. Uses not specifically listed shall comply with the screening requirements for the listed use it most closely resembles. Said screening shall comply with the following table.

 

Table 7-A. Minimum Screening Between Uses and Districts

  

Incoming Use

  

Single-

Family Detached

Single-

Family Attached

Duplex

Modular or Mobile Home

Town House

Multi-
Family

Office Retail Service

Ware-
house/

Storage

Manu-
facturing Assem-
bly

  

SFD

SFA

DUP

MH

TH

MF

COMM

WH

MFG

A

R-1C

None

b

b

a & b

a & b

a & d

a & d

a & d

a & d

D

R-1

None

b

b

a & b

a & b

a & d

a & d

a & d

a & d

J

R-1L

None

b

b

a & b

a & b

a & d

a & d

a & d

a & d

A

R-1A

None

None

b

b

b

a & b

a & b

a & d

a & d

C

R-2

None

None

None

b

b

a & b

a & b

a & d

a & d

E

MH

None

None

None

None

b

a & b

a & b

a & d

a & d

N

R-3

None

None

None

None

None

b

a & b

a & d

a & d

T

R-4

None

None

None

None

None

None

a

a & c

a & c

 

R-5

None

None

None

None

None

None

a

a & c

a & c

Z

C-1

None

None

None

None

None

None

None

c

c

O

C-2

None

None

None

None

None

None

None

c

c

N

TX-10

None

None

None

None

None

None

None

None

c

I

LI

None

None

None

None

None

None

None

None

c

N

I-1

None

None

None

None

None

None

None

None

None

G

I-2

None

None

None

None

None

None

None

None

None

 

Public right-of-way abutting side or rear yards

D

D

D

D

None

None

None

None

None

a = Five-foot landscape strip with six feet tall evergreen hedge (as per subsection (b)(1)).

b = Six-foot high fence, wood or chainlink with slats (as per subsection (b)(2)).

c = Six-foot high ribbed metal panels (as per subsection (b)(3)).

d = Masonry wall or fence (constructed as per subsection (b)(4)) of not less than six feet nor more than eight feet in height.

(e)     Refuse/recycling collection areas other than single-family or two-family uses. No refuse/recycling collection areas shall be located within the required front or street side yard or within 20 feet of any property zoned for single-family or two-family residential purposes. Refuse/recycling collection areas shall be screened from adjacent properties and streets on a minimum of three sides within a masonry wall enclosure meeting the standards of subsection (b)(4) above. Wall height of the masonry enclosure shall be six feet or the height of the proposed refuse/recycling receptacle whichever is greater. If the refuse/recycling receptacle is a dumpster, the dumpster shall be spaced a minimum of two and one-half feet from the inside walls of the masonry enclosure, and such spacing shall be maintained by the placement of wheel stops or bollards on all four sides to center and space the dumpster within the enclosure. Such wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the masonry wall enclosure and shall extend not less than 12 feet in front of the enclosure. Such concrete pad shall be paved and reinforced as specified in section 84-202(2), Table 5-A-1. Significant effort shall be made to orient the unscreened opening of refuse/recycling collection areas away from view of a public street where practical. All refuse/recycling collection areas established from and after the effective date of this amendment shall conform to the requirements of this section.

(Ord. No. 1133, § 1(7-300), 3-22-94; Ord. No. 1339, § III, 3-23-99; Ord. No. 1443, § I, 9-26-00; Ord. No. 1633, §§ I, II, 3-23-04)

   Sec. 84-337     Open storage and use areas

(a)     Applicability. This section shall apply to all land within the city upon the effective date of the chapter. Planned development, specific use permits or other plans approved by city council specifically authorizing outside sales, storage or display shall be permitted in accordance with the provisions established at approval.

(b)     Residential uses. In all residential districts, no open outside accessory storage or display of materials, commodities, or machinery shall be permitted, other than that which is incidental to the main use of the property as a residence. The following conditions shall apply to incidental storage and temporary residential outdoor storage:

(1)     Incidental storage.

a.     Permitted behind the main structure.

b.     Area devoted to storage is not more than 60 percent of the required rear yard.

c.     Said area shall be kept neat and clean and free of all tall grass and weeds.

d.     Must be screened from all adjacent properties and streets in accordance with subsection 84-336(b)(1) or (b)(2) of this article.

e.     No materials shall be stacked to a height greater than the visual screen.

f.     Materials shall not be stored in a manner which would attract or harbor vermin.

(2)     Temporary outdoor storage per section 84-7 “Definitions and word usage”. (See subssection 84-85(a) for definitions and conditions associated with the use of accessory buildings in residential districts).

a.     Permit required. Homeowner must contact building official or his designee to apply for a temporary permit that will be displayed on container and identify when container shall be removed. (See section 30-8 for fee schedule)

b.     Effective period. Temporary permit valid for 30 days. Limited to two times per year. Under extreme circumstances, applicant may appeal to building official who may consider granting an extension.

c.     Portable on demand (PODS) containers can be no larger than eight feet x 16 feet on the ground and eight feet tall.

d.     Roll-off containers can be no longer than 40 cubic yards.

e.     Cannot be located in easement, alley way, street, or public right-of-way.

f.     Prefer placement on paved surface. If not available, location on unpaved surface must be approved by building official.

g.     Cannot be located any closer than three feet from primary structure.

h.     Container should be secured when unattended for safety reasons. The structure must be kept clean and free of trash and debris at all times.

(c)     Nonresidential uses. Except as otherwise specifically authorized by these codes, all outdoor sales, storage and display areas shall be located behind building lines and shall be screened in accordance with section 84-336(b)(2). Any outside storage or outside use area established after the effective date of this chapter shall be screened by a fence in accordance with section 84-336(b)(2) unless the screen is visible from public street, in which case that portion of the screen visible to the street shall be masonry in accordance with section 84-336(b)(4). Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored higher than the screening provided.

(Ord. No. 1133, § 1(7-400), 3-22-94; Ord. No. 1708, § II, 9-27-05)

   Secs. 84-338–84-359     Reserved

   Division 2. Fences, Walls And Obstructions

   Sec. 84-360     Regulations

This division specifies regulation for all freestanding fences and walls within the city. These regulations are designed to promote safety, preserve property value, promote the general welfare of the city and to enhance the aesthetic quality of the community.

(Ord. No. 1133, § 1(7-500), 3-22-94)

   Sec. 84-361     Applicability

Except as otherwise provided below, these regulations shall apply to all land within the city. These standards and administrative requirements shall be for the purpose of regulating freestanding walls and fences and shall become applicable as of the effective date of this code.

(1)     Exemptions. These standards shall not apply to fences or walls that receive specific approval in the form of a specific use permit, planned development or approved variance. These exemptions do not imply any exception to the permitting or variance/appeals stated within this section.

(Ord. No. 1133, § 1(7-501), 3-22-94)

   Sec. 84-362     General requirements/prohibitions for all fences and freestanding walls

(a)     Obstruction prohibited. No fence, screen, freestanding wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed as any fence, wall, hedge, shrubbery, etc., higher than 36 inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet above ground level. (For example see Appendix “A”.)

(b)     Twenty-five-foot visibility triangle required. No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street, intersection. At all street, intersections clear vision shall be maintained across the lot for a distance of 25 feet back from the property corner along both streets. (For example see Appendix “A”.)

(c)     Barbed wire prohibited. Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited; provided, however, a security fence not less than six feet in height may be topped with barbed wire that is located on property not zoned for residential purposes.

(d)     Electrical fences prohibited. No fence shall be electrically charged in any form or fashion.

(e)     Eight-foot maximum height. No fence in a residential district shall exceed eight feet in height above ground level at the fence line.

(f)     Emergency ingress and egress required. In order to allow ingress/egress of emergency personnel and equipment, at least one gate or opening not less than three feet in width shall be required within each fence or wall that is adjacent to or running parallel with a public right-of-way, alley, drainage, utility or access easement. One such opening is required for each lot or in cases where the lot frontage is greater than 200 feet. An opening or gate shall be located not less than 200 feet to another opening on the same property.

(g)     Property owners' responsibility. The construction of a fence or wall on the property line shall not preclude the property owners' responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. (For example, see Appendix “A”.)

(h)     Public property. No fence, guy wire, brace or any post of such fence shall be constructed upon or caused to protrude over property that the city or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced.

(i)     Swimming pools. All swimming pools shall be fenced in addition to the requirements of the Uniform Building Code as amended and adopted by the City of Euless. The following specifications shall apply:

(1)     Private pools (single-family residence).

a.     The entire pool shall be enclosed.

b.     Minimum height of six feet.

c.     Wood construction or approved equal.

d.     The fence shall be equipped with self-closing and self-latching gates.

(2)     Public pools (apartments, hotels, motels, condominiums, townhouses, and mobile home parks).

a.     The entire pool shall be enclosed.

b.     Minimum height of four feet.

c.     Wood or chainlink construction or approved equal.

d.     The fence shall be equipped with self-closing and self-latching gates.

(Ord. No. 1133, § 1(7-502), 3-22-94)

   Sec. 84-363     Fence and freestanding wall setback requirements

(a)     Front yards.

(1)     No fence or freestanding wall greater than 36 inches in height shall extend into the required front yard of property zoned for one or two-family dwellings on a lot less than one-half acre in size.

(2)     Decorative fencing or security fencing may extend into the required front yard of all other property meeting the following requirements:

a.     The property shall be zoned for one or two-family dwellings on a lot one-acre or more in size, or commercial, or multifamily.

b.     Fences 36 inches or more above the finished grade of the lot shall not be more than 25 percent solid, and not less than ten feet from the property line.

c.     The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city building official. (For example see Appendix “A”.)

(3)     The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city building official. (For example see Appendix “A”.)

(b)     Side fence and freestanding wall setbacks. No fence or wall greater than 36 inches in height shall be located less than 15 feet from any side property line that is adjacent to a public street unless:

(1)     The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required. (For example see Appendix “A”.)

(2)     The subject lot backs up to an access easement or alley right-of-way, in which case a ten-foot visibility triangle shall be required. (For example see Appendix “A”.)

(c)     Rear fence and freestanding wall setbacks. Fences and walls meeting all of the above requirements may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than 36 inches in height shall be located within 15 feet of the subject lots rear property line. (For example see Appendix “A”.)

(Ord. No. 1133, § 1(7-503), 3-22-94; Ord. No. 1519, § I, 1-22-02; Ord. No. 1537, § 1, 6-25-02)

   Sec. 84-364     Administration

(a)     Fence permit required. It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the office of building inspections.

(b)     Application for permit. Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information:

(1)     Applicant's name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president.

(2)     Name of owner of property.

(3)     Local address where fence is proposed to be erected.

(4)     Type of fence construction.

(5)     Height of fence.

(6)     Plat showing lot on which the fence is proposed to be erected, and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line.

(c)     Permit fee. A permit fee shall be paid prior to the issuance of any fence permit. The fee charged shall be in accordance with city schedule of fees.

(Ord. No. 1133, § 1(7-504), 3-22-94)

   Sec. 84-365     Variances and appeals

(a)     Variances. The city council may appoint a board consisting of at least five members, who, after review of the application for variance or appeal by the city attorney for determination as to form thereof and that same is within the purview of the authority of such board, shall hold a public hearing in which written notification has been given to all property owners within 200 feet of the proposed variance, may grant a variance to this chapter where, in its opinion, the board finds the following requirements have been met:

(1)     Granting the variance will not adversely affect the interest of the City of Euless;

(2)     Granting the variance will not adversely affect the neighboring property owners;

(3)     There is, in the boards opinion, a hardship on the land, and that hardship is not a personal or self-created hardship.

(b)     Application for variance. Application for a variance shall be made by submitting the following to the city planning department:

(1)     Letter requesting to be heard by the board described in subsection (a) above for a variance and a statement of the nature of variance being requested.

(2)     An application fee prescribed in the city schedule of fees shall be paid prior to any public notification or being placed on the boards agenda.

(c)     Appeals. The board described in subsection (a) above shall have the authority to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter.

Such appeals shall be made in the manner described above in subsection (b)(1) of this section. No application fee is required.

(Ord. No. 1133, § 1(7-505), 3-22-94)

   Secs. 84-366–84-379     Reserved

   ARTICLE VIII. SITE PLAN REQUIREMENTS

   Sec. 84-380     Purpose

This section establishes a site plan review process for proposed development. The purpose of the review is to ensure efficient and safe land development, harmonious use of the land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.

(Ord. No. 1133, § 1(8-100), 3-22-94)

   Sec. 84-381     Applicability

No development or construction of any structure or occupancy of any land shall commence, unless a site plan is first submitted to and receives a recommendation from the planning and zoning commission and approval by the city council. It is suggested that the site plan be submitted and approved prior to the land plan as in article IX. No building or site shall be occupied unless all construction, development and operations conforms to the plan as approved by the city council. Failure to comply with city council's approved plan may result in nonissuance or revocation of an occupancy permit.

(1)     Exemptions. Site plan approval by city council shall not be required for the following:

a.     Any property zoned for one- or two-family dwelling purposes or any accessory uses incidental thereto.

b.     Property zoned planned development where development is to occur in accordance with the approved detailed site plan.

(2)     Waiver of requirements. The planning and zoning commission and city council may, at the request of the applicant, waive any of the various site plan detail requirements hereinafter set forth.

(Ord. No. 1133, § 1(8-200), 3-22-94)

   Sec. 84-382     Site plan details

The site plan shall contain sufficient information relative to site design considerations, including but not limited to the following:

(1)     Structure locations along with building wall elevations.

(2)     On-site and off-site circulation.

(3)     Parking.

(4)     Grading.

(5)     Landscaping.

(6)     Placement of utilities.

(7)     Screening.

(8)     Location of present and proposed streets, drainage and utilities.

(9)     Location, size of existing and proposed detached signs.

Provision of the above items shall conform to the principles and standards of this chapter. To ensure the submission of adequate site plan information, the administrator is hereby empowered to maintain and distribute a list of specific requirements for site plan review applications. Upon periodic review, the administrator shall have the authority to update such requirements for site plan details.

(Ord. No. 1133, § 1(8-300), 3-22-94)

   Sec. 84-383     Supplemental requirements

Under special instances, the planning and zoning commission and/or city council may require other information and data for specific site plans.

(Ord. No. 1133, § 1(8-400), 3-22-94)

   Sec. 84-384     Principles and standards for site plan review

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Euless. The planning and zoning commission and city council shall review the site plan for compliance with all applicable ordinances and the comprehensive plan; for harmony with surrounding uses and the overall plan for development of the City of Euless; for the promotion of the health, safety, order, efficiency and economy of the city; and for the maintenance of property values and the general welfare.

Based upon its review, the commission and council may approve, conditionally approve, request modifications or deny approval of the site plan. Evaluation of the site plan details shall be based on the following:

(1)     The site plan's compliance with all provisions of the zoning ordinance and other ordinances of the city including but not limited to off-street parking and loading, lighting, open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.

(2)     The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(3)     The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values and negative impacts.

(4)     The provision of a safe and efficient vehicular and pedestrian circulation system.

(5)     The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(6)     The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(7)     The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city.

(8)     The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and (2) to complement the design and location of buildings and be integrated into the overall site design.

(9)     Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.

(10)     The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(11)     Protection and conservation of soils from erosion by wind or water or from excavation or grading.

(12)     Protection and conservation of water courses and areas subject to flooding.

(13)     The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(Ord. No. 1133, § 1(8-500), 3-22-94)

   Sec. 84-385     Approval process

The decision to approve or deny a site plan shall be made by the city council after receiving a recommendation from the planning and zoning commission. A majority denial by the planning and zoning commission may be appealed to the city council. The appeal shall be filed in writing with the administrator not more than seven days after the date of the action taken by the planning and zoning commission. The appeal shall state all reasons for dissatisfaction with the action of the planning and zoning commission. If the city council, by majority vote, deems the appeal to be without merit, it may refuse to accept the appeal, and the action of the planning and zoning commission shall stand.

If the city council, in a public hearing and by majority vote, accepts the appeal, the decision by the city council to approve, conditionally approve, request modifications, or deny a site plan shall be final and binding.

(Ord. No. 1133, § 1(8-600), 3-22-94)

   Sec. 84-386     Effect of site plan approval

No property requiring site plan approval shall be developed except in accordance with the site approved by city council.

(1)     Expiration of approved site plan. If development of a lot with an approved site plan has not commenced within 12 months of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a review and reapproval of the approved site plan by the planning and zoning commission and city council shall be required before construction commences on the project. Said review and approval shall be evaluated according to the standards of section 84-384, taking into account changes in the surroundings and in applicable ordinances which have occurred subsequent to the prior approval of the site plan.

(2)     Minor adjustments to site plan. It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the administrator shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site.

(Ord. No. 1133, § 1(8-700), 3-22-94)

   Secs. 84-387–84-399Reserved.

   ARTICLE IX. PLATTING AND SUBDIVISION OF LAND

   Sec. 84-400     Purpose and intent

The purpose of regulating platting of subdivision is to provide a tool to fashion orderly development in defined ways. Using prescribed methods, the use of private land is regulated in the public interest. The intent of this article is to ensure that adequate records in land title are provided for and to provide for safe, orderly, and adequate design and construction of new streets, water, sewer and drainage facilities.

(Ord. No. 1133, § 1(9-100), 3-22-94)

   Sec. 84-401     Goals

In order to achieve orderly, efficient and environmentally sound subdivision of land, the city must be provided with appropriate guidelines and development management mechanisms. This article, in conjunction with the other land use control tools as now or hereafter may be adopted by the city, provide those guidelines and mechanisms. With this in mind, it is the intent of these regulations to further the following goals:

(1)     Protect and provide for the public health, safety, and general welfare of the community.

(2)     Guide the future growth and development of the community, in accordance with the master plans of the city, ensuring that the comprehensive and coordinated plans effected by the various land use controls of the city are not negated by disorganized, unplanned and uncoordinated development.

(3)     Guide and phase any and all developments to maximize the utilization of existing and proposed public facilities and improvements to ensure that these facilities will have sufficient capacity to serve the propose subdivision.

(4)     Guide public and private policy and action in order to provide adequate and efficient transportation, public utilities, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.

(5)     Establish reasonable standards of design and procedures for subdivision of land in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.

(6)     Preserve the natural beauty and topography of the municipality and to ensure appropriate development with regard to these natural features.

(7)     Provide for open spaces through the most efficient design and layout of the land, including the acquisition and dedication of park lands.

(Ord. No. 1133, § 1(9-101), 3-22-94)

   Sec. 84-402     Applicability

It is unlawful to subdivide or do significant construction on any land, parcel or real property that does not comply with the minimum requirements stated herein. Approval or issuance of any permit shall not be construed as an approval of a violation of the provision of this document.

(Ord. No. 1133, § 1(9-102), 3-22-94)

   Sec. 84-403     Jurisdiction

These regulations apply to all subdivisions of land, located within the corporate limits of the city and within the city's extraterritorial jurisdiction, as provided by law, and to all additions of land within the corporate limits of the city, except as expressly stated herein.

(1)     The following types of subdivision do not require approval by the city:

a.     The division of land into two or more parts where all parts are larger than five acres and zoned single-family detached dwelling district or located within the extraterritorial jurisdiction of the city.

b.     The division of land into two or more parts where all parts are larger than 20 acres regardless of zoning or location.

c.     The creation of a remainder of a tract caused by the platting of a portion of the tract, provided the remainder is larger than 20 acres, or the remainder is larger than five acres and zoned single-family detached dwelling district or is located within the extraterritorial jurisdiction of the city.

d.     The division of a tract or parcel for purposes of dedicating right-of-way easements, park land, or other public facilities or easements.

e.     The creation of a leasehold for agricultural use of the subject property, provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon.

f.     The division of property through inheritance, the probate of an estate, or by a court of law.

(2)     The city shall not extend utilities, provide access to public roads or authorize any building construction for the development of property which has not received final plat approval, except as otherwise provided by this chapter.

(3)     A written request may be directed to the commission for information concerning whether a plat is required under these regulations, in accordance with Section 212.0115, as amended, of the Texas Local Government Code.

(4)     The exclusion of such activities from these regulations does not waive any jurisdiction the city now exercises or may exercise over such matters.

(5)     The city shall not extend utilities, provide access to public roads or authorize any building construction for the development of any property which has not received final plat approval, except as otherwise provided by this chapter.

(6)     Except as provided above and lots of record established prior to the effective date of this chapter, no land shall be sold, leased, or transferred until the property owner has obtained approval of a final plat, or conveyance plat from the administrator, the commission or the council as required by these regulations.

(7)     The city shall withhold all public improvements and utilities, including the maintenance of streets and the provision of sewage facilities and water service, from all tracts, lots or additions, the platting of which has not been officially approved by the administrator, the commission, or city council and for which a certificate of compliance has not been issued pursuant to section 84-410(g).

(8)     Except as provided in sections 84-411(c)(5) and 84-474, no building construction or modifications shall commence nor shall any building or property be used or occupied until such property has received final plat approval and is in substantial conformity with the provisions of these subdivision regulations, and no private improvements shall take place or be commenced except in conformity with these regulations.

(Ord. No. 1133, § 1(9-103), 3-22-94)

   Sec. 84-404     Procedures

All applications for platting of property shall be subject to the procedures for platting as outlined within this document.

(1)     Division of property. Hereafter, every owner of any lot, tract, or parcel of land who may make or cause a subdivision of land into two or more pieces shall cause a plat to be made thereof, which shall accurately describe all of said lot, tract, or parcel of land as required by this article. Unless specifically authorized by this document, no plat may be recorded, no lot may be sold, and no transfer of title to any part of such lot, tract, or parcel of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the plat records of the county.

(2)     Platting required for building permits. Platting of property prior to the issuance of a building permit shall be required under the following conditions:

a.     New construction is proposed on a vacant parcel of land; or

b.     New construction is proposed for an existing structure where the total cost of the new construction exceeds $5,000.00. This condition may be waived, at the discretion of the administrator, if unusual conditions are documented by the applicant. Unusual circumstances are as defined in article III.

(Ord. No. 1133, § 1(9-200), 3-22-94)

   Sec. 84-405     General

(a)     Classification of subdivisions and additions. Before any land is platted, the property owner shall apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the following procedures, unless otherwise provided by these regulations. Subdivisions are classified as major or minor depending on the number of lots proposed and the extent of public improvements required.

(1)     Minor subdivisions shall create no more than four lots and do not require the creation of a new street or the extension of municipal facilities. Minor subdivisions may be approved for residential and nonresidential properties. Conveyance plats may be approved under the procedure for minor subdivisions provided that they establish no more than four lots and do not create a new street or extend municipal facilities. Minor plat approval requires the submission of a final plat as described under section 84-410, or the submission of a conveyance plat as described under section 84-411. The administrator may approve and sign minor plats on behalf of the city or refer them to the planning and zoning commission for their action.

(2)     Major subdivisions involve the creation of new streets, the extension of municipal facilities or the creation of more than four lots. Major subdivisions may be approved for residential and nonresidential properties. Conveyance plats are considered major subdivisions if they create more than four lots or involve the creation of new streets or the extension of municipal facilities. The procedure for approving a major plat typically requires three steps: land plan, preliminary plat, and final plat. Land plans are approved by the planning and zoning commission. The land plan requirement may be omitted if the subdivision creates no more than one new street and the administrator determines that sufficient information exists to begin preparation of a preliminary plat. Land plans for nonresidential property may be omitted where the administrator determines that a circulation plan, site plan, etc., for the property contains sufficient information to provide for the proper coordination of the development.

Except as otherwise permitted, the planning and zoning commission's approval of a preliminary plat is required prior to the construction of public improvements to the property. The preliminary plat and the associated engineering plans for the property may be amended during construction, with only major changes requiring reapproval by the planning and zoning commission.

Upon completion of the required public improvements, or the provision of a subdivision improvement agreement described under article XI, the owner may submit a corrected final plat and construction “as builts” for the subdivision. Lots may be sold and building permits obtained after approval of the plat by the planning and zoning commission, and filing of the signed plat. The preliminary plat process may be altered if the owner enters into a subdivision improvement agreement with the city and provides engineering plans and sufficient surety for all proposed public improvements.

(b)     Submission requirements; commission approval. For the purpose of these regulations, the date on which the application is first filed shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run. The city shall publish at least 30 days prior to the beginning of each year a calendar of official submittal dates. This calendar shall specify two submittal dates for each month. All applications delivered to the city on a date other than a scheduled date shall be dated received on the next official submittal date.

(c)     Submittal requirements; staff approval only. Minor plats may be submitted at any time during normal office hours. The plat shall be approved by the administrator or placed on an agenda of the planning and zoning commission for consideration no later than 30 days of its receipt.

(d)     Approval criteria. Applications for plat approval shall be evaluated for compliance with these regulations and requirements contained in the city's standard specifications manual and design manuals, which are incorporated herein by reference, and with any other criteria, policies, rules and plans which are referenced elsewhere in these regulations.

(e)     Statutory compliance procedure. The planning and zoning commission shall approve or disapprove the application, or identify requirements which must be satisfied prior to approval of such application, within 30 days of official submittal. If the commission fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within 30 days of the official submission date, the application shall be deemed approved. However, the identification of requirements by the commission, (at a scheduled meeting of the commission prior to 30 days following the official submission date) which remain to be satisfied prior to plat approval, shall constitute disapproval of the application for purposes of statutory compliance only. Unless the commission unconditionally disapproves the plat application within such period, the city shall continue to process the application for compliance with these regulations.

(f)     Fees, application forms and procedures. City council shall establish a schedule of fees as required to recoup costs related to the administration of this chapter. The administrator may establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for a land plan, preliminary plat, conveyance plat, replat, vacation of plat or final plat.

(Ord. No. 1133, § 1(9-300), 3-22-94)

   Sec. 84-406     Land plan

(a)     Purpose. The purpose of the land plan is to review and approve a general plan for the development of property including the layout of streets, lots, open space, sites for public facilities and utilities.

(b)     Applicability. A land plan covering the entire holdings shall be required as a condition precedent to approval of any application for a major plat, except where the administrator determines:

(1)     The subdivision will result in no more than one new street and sufficient information exists to begin preparation of a preliminary plat; or

(2)     A circulation plan, preliminary site plan or final site plan for the property provides sufficient information for the preparation of a preliminary plat.

(c)     Phasing of development. The commission may permit a land plan for a major plat to be divided into two or more phases, as indicated on the land plan, and may approve certain conditions as it deems necessary to assure the orderly development of the platted land.

(d)     Application procedure and requirements.

(1)     Pre-application conference. Before preparing the land plan, the applicant shall schedule an appointment and meet with the administrator to discuss the procedures for approval of the plat and the requirements as to general layout of streets and or reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services.

(2)     General application requirements. Prior to platting of the land and after meeting with the administrator, the property owner shall file an application for approval of a land plan with the commission. The application and land plan shall meet the following minimum requirements:

a.     The application shall include all contiguous holdings of the property owner with an indication of the portion which is proposed to be developed or offered, sold or leased, accompanied by an affidavit of ownership, which includes an address and telephone number of an agent who shall be authorized to receive all notices required by these regulations.

b.     The land plan shall be drawn to scale of one inch equals 100 feet or larger.

c.     The lower right hand corner of the land plan shall contain a title block clearly showing the proposed name of the subdivision or addition, the name and address of the owner and the engineer or surveyor responsible for the designer survey, the scale of the drawing, the date the drawing was prepared, and the location of the tract according to the abstract and survey records of Tarrant County, Texas.

d.     The land plan shall clearly show the limits of the tract. True north, scale and date, shall be clearly indicted and shall be to the top or left of the land plan.

e.     The land plan shall show the names of adjacent subdivisions or additions or the name of record owners of adjoining parcels of unplatted land.

f.     The land plan shall contain the existing zoning on adjoining land, the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels or creeks, and other important features such as political subdivision or corporate limits and school district boundaries.

g.     The land plan shall show the layout, names and width of proposed thoroughfares, collector streets, and intersections, and shall show a general configuration of proposed streets and alleys.

h.     The land plan shall show a general arrangement of land uses, including but not limited to park and school sites, municipal facilities, private open space, flood plains and drainage ways, phasing plan, and proposed nonresidential and residential uses and densities.

i.     The land plan shall indicate layout, numbers, and approximate dimensions of proposed lots and all building lines.

j.     The land plan shall indicate existing contours of the tract in intervals of two feet or less, referred to sea level datum.

k.     The land plan shall indicate existing sewers, water mains, culverts, or other underground structures within the parcel and immediately adjacent thereto with pipe sizes and locations indicated.

l.     The land plan shall indicate proposed water, sanitary sewer and storm sewer pipe lines with culverts, bridges, and other appurtenances or structures shown.

m.     The land plan shall indicate stormwater retention or detention basins as required.

(3)     Standards for approval. A copy of the proposed land plan shall be forwarded to the city council for their information and use. No land plan shall be approved by the commission unless it conforms to the master plans of the city and the development ordinances of the city.

(4)     Approval procedure. After review of the land plan, the report and recommendations of the administrator and the exhibits submitted at a scheduled meeting, the commission shall approve, conditionally approve or disapprove the land plan. One copy of the proposed land plan shall be made available to the owner with the date of approval or disapproval and the reasons therefore accompanying the copy. If the commission disapproves the proposed land plan, the applicant may execute an appeal in the manner prescribed in section 84-415.

(5)     Effect of approval. Approval of the land plan in conformance to sections 84-406(d)(3) and 84-406(d)(5) by the commission constitutes authorization by the city for the property owner to submit application for approval of a preliminary plat subject to the approved land plan and compliance with any conditions attached by the commission.

(6)     Lapse of land plan approval. The approval of any phase or phases of a land plan, which is intended for development, shall automatically expire unless such phase or phases have been submitted and approved by the commission as a preliminary plat within one year of the date of approval of such land plan (see section 84-409).

(Ord. No. 1133, § 1(9-400), 3-22-94)

   Sec. 84-407     Preliminary plat

(a)     Purpose. The purpose of the preliminary plat is to allow the commission and/or the city council to evaluate the proposed plat for conformity with requirements and conditions identified at the time of land plan approval and to evaluate construction plans for public improvements or to provide adequate security for construction of the same.

(b)     Applicability. A preliminary plat is required for all major subdivisions prior to the construction of public improvements.

(c)     Application procedure and requirements. On forms approved by the city, the applicant shall file for approval of a preliminary plat, which conforms substantially with the land plan or alternate plan as permitted under section 84-406(b) by the applicant. The plat shall be prepared by or under the supervision of a registered public surveyor in the state and shall bear his seal, signature and date on each sheet. The payment of all applicable fees shall be required at the time of submission.

(1)     General application requirement. Copies of the proposed preliminary plat shall be at a scale of one inch equals 100 feet or larger and in a form substantially as follows:

a.     The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.

b.     True bearings and distances to the nearest established street lines and to two official city monuments (see section 84-441), which shall be accurately described on the plat.

c.     Accurate ties to the abstract and survey corners as required by state surveying law and the amount of acreage in each tract shall be shown.

d.     The exact layout including:

1.     Street names.

2.     The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.

3.     All easements for rights-of-way provided for public services, utilities and drainage.

4.     All lot numbers and lines with accurate dimensions in feet and hundredths of feet and width bearings and angles to street and alley lines.

e.     The accurate location, material, and size of all monuments approved by the city engineer. Horizontal and vertical control data shall be established for a minimum of two corners of the subdivision or addition.

f.     The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition.

g.     Building setback lines.

h.     Special restrictions including, but not limited to, drainage and floodway, fire lanes, screening.

i.     Proposed name of the subdivision or addition.

j.     Name and address of the property owner.

k.     North point, scale, and date.

l.     Certification by a registered public surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.

m.     Boundary survey along with supporting documentation such as closure and area calculations.

n.     Additional documents necessary for dedication or conveyance of easements or rights-of-way, as required by the city. The city may, in some instances, require the conveyance of fee simple title for certain rights-of-way.

o.     Entry easements to allow city inspectors to enter the property being platted for the purpose of inspecting the construction of the public improvements.

p.     Avigation easements as necessary as required by the city.

(2)     Standards for approval. A copy of the proposed preliminary plat shall be forwarded to the city council for their information and use. No preliminary plat shall be approved by the commission unless the following standards have been met:

a.     The plat substantially conforms with the approved land plan or other study as provided in section 84-406(b).

b.     A preliminary water and waste water lay out and a preliminary storm drainage lay out have been reviewed by and are acceptable to the city engineer.

c.     Provision for note on the preliminary plat stating that installation and dedication of public improvements will be made prior to the submission of final plat.

d.     The plat conforms to applicable zoning and other regulations.

e.     The plat meets all other requirements of these regulations.

(3)     Timing of public improvements.

a.     The commission may require that all public improvements be installed, offered for dedication and accepted by the city prior to the signing of the final plat by the chairman of the commission.

At the request of the applicant, the commission may permit or require the deferral of the construction of public improvements if in its judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. Any required public improvement(s) approved for deferred construction must be provided for as required in article XI prior to the approval of the final plat (see section 84-473).

b.     If the commission does not require that all public improvements be installed, offered for dedication and accepted by the city prior to signing of the final plat by the chairman, it shall require that the applicant execute an improvement agreement and provide security for the agreement as provided in section 84-470(b).

(4)     Approval procedure. After review of the preliminary plat, the report and recommendations of the administrator concerning the land plan and the application, the report and recommendation of the city engineer on the construction plans, and any exhibits submitted at a public meeting, the applicant shall be advised of any required changes and/or additions. The commission shall approve or disapprove the preliminary plat. One copy of the proposed preliminary plat shall be returned to the owner with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat. If the commission disapproves the proposed preliminary plat, the applicant may execute an appeal in the manner prescribed in section 84-415.

(5)     Effect of approval. Approval of a preliminary plat by the commission constitutes authorization for the property owner's professional engineer to begin preparation of construction plans for public improvements. Approval of a preliminary plat also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit for approval an application for final plat approval in accordance with section 84-410. Upon release of the construction plans, the city engineer shall issue a certificate indicating the construction plans have been released and construction of the improvement is thereafter authorized. Additional certificates may be issued by the city engineer authorizing the construction of private utilities on a phased schedule. The certificate shall read as follows:

“The preliminary plat for (insert name of the subdivision or addition) as approved by the City of Euless Planning and Zoning Commission on (insert date of approval) is authorized for the construction of public improvements as approved by the City Engineer. A final plat shall be approved by the City upon the completion of all public improvements to the satisfaction of the City Engineer or the provision of a subdivision improvement agreement under the terms of the subdivision ordinance and submission of a final plat in compliance with Section 84-410 [Final Subdivision Plat] of the Unified Development Code of the City of Euless.”

(6)     Lapse of preliminary plat approval. The approval of a preliminary plat shall be effective for a period of two years from the date that the preliminary plat is approved by the commission or the council, at the end of which time the applicant must have submitted and received approval for a final plat. If a final plat is not submitted and approved within two years, the preliminary plat approval shall be null and void, and the applicant shall be required to submit a new plat for land plan review subject to the then existing zoning restrictions and subdivision regulations (see section 84-409 concerning extensions and reinstatement of approval).

(d)     Construction plan procedure and requirements.

(1)     General application requirement. Construction plans shall be prepared by or under the supervision of a professional engineer registered in the state as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer's name, serial number and the designation of “engineer,” “professional engineer,” or “P.E.” and an appropriate stamp or statement near the engineer's identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city shall bear the seal and signature of the engineer and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer registered in the state.

(2)     Construction plan review procedure. Copies of the construction plans, and the required number of copies of the plat, shall be submitted to the city engineer for final approval. The plans shall contain all necessary information for construction of the project, including screening walls, and other special features. All materials specified shall conform to the standard specifications and standard details of the city. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The construction plans may be released subject to concurrence by the city engineer that the plans meet the minimum requirements of the city upon payment of inspection fees, escrows due (if any) and pro-rata charges due (if any). Upon such release, each contractor shall maintain one set of plans, stamped for city release, on the project site at all times during construction (see sections 84-471 and 84-472).

(3)     Failure to commence construction. If construction has not commenced within one year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. “Construction” shall mean installation of city maintained public improvements.

(Ord. No. 1133, § 1(9-500), 3-22-94; Ord. No. 1539, §§ 1-3, 6-25-02)

   Sec. 84-408     Amendments to land plan or preliminary plat

(a)     At any time following the approval of a land plan or preliminary plat, and before the lapse of such approval, a property owner may request an amendment. The rerouting of streets, addition or deletion of alleys, or addition or deletion of more than ten percent of the approved number of lots shall be considered a major amendment. The adjustment of street and alley alignments, lengths, and paving details; the addition or deletion of lots within ten percent of the approved number and the adjustment of lot lines shall be considered minor amendments.

(b)     The administrator may approve a minor amendment to the commission under the terms of section 84-405. Major amendments may be approved by the commission at a public meeting in accordance with the same requirements for the approval of a land plan or preliminary plat.

(c)     The commission shall approve, conditionally approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment or appeal the action of the commission to the city council in accordance with section 84-415.

(Ord. No. 1133, § 1(9-600), 3-22-94)

   Sec. 84-409     Extension and reinstatement procedure

(a)     Sixty days prior to or following the lapse of approval for a land plan or preliminary plat, as provided in these regulations, the property owner may petition the commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the commission.

(b)     In determining whether to grant such request, the commission shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision regulations shall apply to the plat or land plan. The commission shall extend or reinstate the plat or land plan, or deny the request, in which instance the property owner must submit a new application for approval.

(c)     The commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The commission may also specify a shorter time for lapse of the extended or reinstated plat or land plan than is applicable to original approvals.

(Ord. No. 1133, § 1(9-700), 3-22-94)

   Sec. 84-410     Final subdivision plat

(a)     Purpose. The purpose of a final plat is to record the subdivision of property including the accurate description of blocks, rights-of-way, easements, building lines and street names.

(b)     Applicability. A final plat shall be required for subdivisions of property and the recording of single lots in accordance with section 84-403.

(c)     Application procedure and requirements. A final plat for minor subdivisions may be approved and signed by the administrator. A final plat for a major subdivision shall require approval by the planning and zoning commission. Final plats shall comply to the preliminary plat where applicable. The application shall be accompanied by the following:

(1)     Copies of the proposed final plat bearing all information specified in section 84-407(c)(1) the following language:

“Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinance and state law and is subject to fines and withholding of utilities and building permits.”

(2)     Formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the city. The plat shall be marked with a notation indicating the formal offers of dedication.

(3)     The improvement agreement and security, if required, in a form satisfactory to the city and in an amount established by the commission upon recommendation of the city engineer and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the commission.

(4)     A recording fee in an amount as set by the county clerk.

(5)     As-built construction plans, where applicable.

(d)     Standards for approval. A final plat shall be approved by the administrator, the commission or the council provided all of the following standards have been met:

(1)     The plat substantially conforms to the preliminary plat.

(2)     Required public improvements have been constructed and accepted or an improvement agreement has been accepted by the city providing for the subsequent completion of improvements.

(3)     The plat conforms to applicable zoning and other regulations.

(4)     Provision has been made for adequate public facilities under the terms of this chapter.

(5)     The plat meets all other requirements of this chapter.

(e)     Approval procedure. After review of the final plat, the administrator shall place the final plat for consideration on the agenda of a public meeting of the commission. Minor plats may be approved by the administrator or referred to the commission in accordance with section 84-26. In the event of disapproval, reasons for disapproval shall be stated. One copy of the final subdivision plat shall be returned to the applicant with the date of approval, conditional approval or disapproval noted on the final plat, and, if the final plat is disapproved, the reasons for disapproval accompanying the final plat.

(f)     Appeals. If the commission disapproves the final plat, the applicant may appeal to the council in the manner prescribed in section 84-415.

(g)     Certificate of compliance. Upon final approval of a final plat required by these regulations, the commission shall issue to the person applying for approval a certificate stating that the final plat has been approved by the commission and/or the city council. For purposes of this section, final approval shall not occur until all conditions of approval have been met.

(h)     City signatures and recording of final plat.

(1)     When an improvement agreement and security are required, the chairman of the commission, or the mayor, if approval has been granted by the council, and the administrator or city engineer shall endorse approval on the final plat after the agreement and security have been approved by the commission, and all the conditions pertaining to the final plat have been satisfied.

(2)     When installation of public improvements is required prior to recordation of the final plat, the chairman of the commission or the mayor, if the plat has been approved by the council, and administrator or city engineer shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public improvements have been installed in a manner satisfactory to the city as shown by a certificate signed by the city engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished (see section 84-472).

(3)     It shall be the responsibility of the administrator to file the final plat with the county clerk. Simultaneously with the filing of the final plat, the administrator shall record such other agreements of dedication and legal documents as shall be required to be recorded. One copy of the recorded final plat, with street addresses assigned, will be forwarded to the property owner by the administrator.

(Ord. No. 1133, § 1(9-800), 3-22-94)

   Sec. 84-411     Conveyance plats

(a)     Purpose. A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for development of the property. A conveyance plat is an interim step in the subdivision and development of land.

(b)     Applicability. A conveyance plat may be used in lieu of a final plat to record the subdivision of property provided that no single lot created is five acres or smaller. A conveyance plat may be used in lieu of a final plat to record the remainder of a tract created by the final platting of a portion of the property provided that the remainder is larger than five acres and is not intended for immediate development.

(c)     Application procedure and requirements.

(1)     Application requirements. The property owner shall submit an application, together with other supporting documents and fees, to the administrator for review and subsequent placement on the commissions agenda. Conveyance plats which qualify as minor plats shall be reviewed and acted upon by the administrator in accordance with sections 84-405 and 84-410. A conveyance plat and associated documents shall include all information listed below where applicable:

a.     The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.

b.     True bearings and distances to the nearest established street lines or official monuments, which shall be accurately described on the plat; municipal, township, county, or section lines accurately tied to the lines of the subdivision or addition by distances and bearings.

c.     An accurate location of the subdivision or addition with reference to the abstract and survey records of the county.

d.     The exact layout including:

1.     Street names (if known or proposed).

2.     The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.

3.     Easements and rights-of-way (see section 84-411(c)(2)) specifying their provision by dedication or reservation.

4.     All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines.

e.     The accurate location, material, and approximate size of all monuments and corners, as provided in section 84-407(c)(1).

f.     The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon.

g.     Proposed name of the subdivision or addition.

h.     Name and address of the property owner.

i.     North point, scale, and date.

j.     Certification by a registered public surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and their location, size, and material description are correctly shown.

k.     Additional certificates to properly dedicate easements or rights-of-way as may be necessary.

l.     Boundary survey closure and area calculations.

m.     Construction plans shall not be required except where street, utility and drainage improvements are proposed by the owner. Construction plans, easements, and dedications as appropriate shall be submitted concurrent with the conveyance plat or any subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the state and shall bear his seal on each sheet.

n.     A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and acknowledged before a notary public by the owner and lien holder of the land along with complete and accurate description of the land subdivided and the streets dedicated where applicable, except as provided in section 84-411(c)(2)c.

o.     All conveyance plats must be titled “conveyance plat” and carry the following wording:

“A conveyance plat is a record of property approved by the City for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued nor permanent public utility service provided until a final plat is approved, filed of record and public improvements accepted in accordance with the provisions of the Unified Development Code of the City of Euless. Selling a portion of this property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is a violation of the City Ordinance and State Law.”

(2)     Standard for approval.

a.     All tracts, parcels, lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street defined on the major thoroughfare plan or an existing standard street meeting city construction standards and accessing the existing city street system.

b.     Conveyance plats must provide for the reservation of future rights-of-way of planned roadways. Right-of-way reservation acknowledges the future obligation to dedicate right-of-way for public thoroughfares and streets specified on the city's major thoroughfare plan or approved land plan. Reservation of right-of-way does not grant any right or interest in the property to the city of other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards.

c.     Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of the property proposed for final plat approval.

(3)     Approval procedure. A conveyance plat meeting all requirements of the city shall be placed on an agenda of the commission. Conveyance plats shall be approved provided they comply with all appropriate ordinances and master plans of the city. The commission shall approve, conditionally approve or deny a conveyance plat no later than 30 days from the date of application. The date of application shall be deemed as the date all submissions are received by the administrator and comply with the requirements of this code. If denied, the commission shall provide a written explanation of the reason for denial. If the commission fails to approve or deny the application within 30 days of the official submission date, the conveyance plat shall be deemed approved. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon by the administrator in accordance with section 84-411(c).

(4)     Signing and filing.

a.     After the approval of the conveyance plat by the commission, and the correction of the conveyance plat as required by the commission, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the administrator for filing with the county. Having submitted all copies and fees, the owner may request a delay of filing for up to six months from the date of approval. Any conveyance plat which has not been filed with the county within six months of the date of approval shall be void. Prior to filing with the county the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn and/or voided, must be resubmitted under current regulations and procedures and re-approved by the commission and filed with the county. Prior to filing, the chairman of the commission or the administrator shall endorse approval of the conveyance plat.

b.     No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat.

(5)     Effect.

a.     Conveyance plat approval and acceptance by the city does not relieve the owner from obligations, including fees, required by other sections of this or other ordinances of the city pertaining to the improvement of the property or extension of services as required to make the property suitable for development.

b.     Neither reservation nor dedication of right-of-way shall relieve the property owner from obligations for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on conveyance plats.

c.     Final platting requirements.

1.     No building permits shall be issued nor permanent utility service provided for land which has only received approval as a conveyance plat. Notwithstanding the above, the administrator may authorize temporary building permits, temporary occupancy permits, and temporary utility service.

2.     A conveyance plat may be vacated, replatted or superseded in total or in part by a through compliance with the procedures and requirements of this chapter.

(Ord. No. 1133, § 1(9-900), 3-22-94)

   Sec. 84-412     Replatting of land

(a)     Replat required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already filed final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the platting of land by these regulations. The administrator may waive or modify requirements for a land plan under circumstances where the previously approved land plan is sufficient to achieve the purposes set for in this article.

(b)     Replatting without vacating preceding plat. A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

(1)     Is signed and acknowledged by only the owners of the property being replatted;

(2)     Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the commission; and

(3)     Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.

(c)     Additional requirements for certain replats.

(1)     In addition to compliance with section 84-412(b) above, a replat without a vacation of the preceding plat must conform to the requirements of this section 84-412(c) if:

a.     During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or

b.     Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

Compliance with this subsection (c) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

(2)     Notice of the hearing required under subsection (b) shall be given before the 15th day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county and by written notice, with a copy of subsection (c)(3) attached, forwarded by the commission to the owners, as indicated on the most recently approved ad valorem tax roll of the city, of property in the original subdivision within 200 feet of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the city.

(3)     If 20 percent or more of the owners to whom notice is required to be given under subsection (b) file with the commission a written protest of the replatting before or at the hearing, approval of the replat will require the affirmative vote of three-fourths of the commission members. In computing percentages of ownership, each lot is considered equal to all other lots regardless of size or number of owners, and the owners of each lot are entitled to cast only one vote per lot. The area of streets and alleys shall be included in computing the percentage of land area.

(4)     Any replat which adds or deletes lots must include the original lot boundaries.

(Ord. No. 1133, § 1(9-1000), 3-22-94)

   Sec. 84-413     Corrected plats

(a)     Purpose. The commission may, upon petition of the property owner or developer, approve and issue an amending plat which is signed by the applicants only unless otherwise required to the contrary, and which is for one or more of the purposes set forth in this section, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is:

(1)     To correct an error in any course or distance shown on the prior plat;

(2)     To add any course or distance that was omitted on the prior plat;

(3)     To correct an error in the description of the real property shown on the prior plat;

(4)     To indicate monuments set after death, disability, or retirement from practice of the surveyor charged with responsibilities for setting monuments;

(5)     To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat;

(6)     To correct any other type of scrivener or clerical error or omission as previously approved by the city; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

(7)     To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat;

(8)     To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;

(9)     To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not:

a.     Attempt to remove recorded covenants or restrictions; or

b.     Increase the number of lots.

(10)     To make necessary changes to the prior plat to create six or fewer lots in the subdivision or addition or a part of the subdivision or addition covered by the prior plat if:

a.     The changes do not affect applicable zoning and other regulations of the city;

b.     The changes do not attempt to amend or remove any covenants or restrictions; and

c.     The area covered by the changes is located in an area that the commission has approved, after a public hearing, as a residential improvement area.

(b)     Procedures. Amending plats shall be processed using procedures for conveyance plats set forth in this article.

(Ord. No. 1133, § 1(9-1100), 3-22-94)

   Sec. 84-414     Plat vacation

(a)     By property owner. The property owner of the tract covered by a plat may vacate, upon the approval of the commission, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

(b)     By all lot owners. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

(c)     Criteria. The commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the commission may direct the petitioners to prepare a revised final plat in accordance with these regulations.

(d)     Effect of action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the commission's action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed to by the commission.

(e)     Government initiated plat vacation.

(1)     General conditions. The commission, on its motion, may vacate the plat of an approved subdivision or addition when:

a.     No lots within the approved plat have been sold within five years from the date that the plat was signed by the chairman of the commission.

b.     The property owner has breached an improvement agreement and the city is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor.

c.     The plat has been of record for more than five years and the commission determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

(2)     Procedure. Upon any motion of the commission to vacate the plat of any previously approved subdivision or addition, in whole or in part, the commission shall publish notice in a newspaper of general circulation in the county and provide personal notice to all property owners within the subdivision or addition and shall also provide notice to the council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The commission shall approve the vacation only if the criteria in section 84-414(d) are satisfied.

(3)     Record of notice. If the commission adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the county clerk's office. If the commission adopts a resolution vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated.

(Ord. No. 1133, § 1(9-1200), 3-22-94)

   Sec. 84-415     Appeals to city council

The applicant, administrator or member of city council may appeal the decision of the commission with regard to a land plan, preliminary plat, final plat, replat, conveyance plat or variance by filing a notice of appeal in the office of the administrator, no later than ten days after the date on which the commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the commission at a public meeting. Written notice of any appeal shall be sent to the property owner. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The council shall consider the appeal at a public meeting not later than 45 days after the date on which the notice of appeal is filed. The council may affirm, modify or reverse the decision of the commission and may, where appropriate, remand the plat, land plan, or variance request to the commission for further proceedings consistent with council's decision.

(Ord. No. 1133, § 1(9-1300), 3-22-94)

   Secs. 84-416–84-439     Reserved

   ARTICLE X. URBAN DESIGN PRINCIPLES AND IMPROVEMENT STANDARDS

   Sec. 84-440     Urban design principles

In order to provide developers and designers with direction regarding the creation of quality and well coordinated subdivisions within the City of Euless, these design guidelines have been developed. The quality of design of the urban area is dependent on the design quality of the individual subdivision that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore, the design of each subdivision shall be prepared in accordance with the following provisions.

(1)     The neighborhood unit. It is intended that the urban area shall be designed as a group of integrated residential neighborhoods with appropriate activity centers and corridors and industrial areas. The following design principles are central to the neighborhood unit concept.

a.     Perimeter arterials. Neighborhoods are well defined when arterial streets can be routed around the perimeter of the neighborhood.

b.     Collector streets. Collector streets should disperse local traffic to arterial streets without bisecting the neighborhood. Collector streets should be designed so as to discourage their use as crosstown, arterial streets.

c.     Pedestrian oriented. Children can walk to school and play areas through pedestrian ways or open space corridors separated from streets and the hazards of moving automobiles.

d.     Residential or local streets. Residential streets should provide good access to residential units but should be planned so that they will not be used as through-traffic routes. Culs-de-sac and curved street layouts should be used to promote low traffic volumes and preservation of residential character.

e.     Schools and parks. The elementary school and neighborhood park and playground should be located in the center of the residential area while major streets are routed along the perimeter. Each family should be within one-half mile of the neighborhood center.

f.     Neighborhood retail. The neighborhood shopping center is located on arterial streets. This gives good access both from within and outside of the neighborhood. Residents of other areas can reach the shopping center without traveling through the neighborhood.

(2)     Physical conditions. The arrangement of lots and blocks and the street system should be designated to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of streets and sidewalks, and the layout and arrangement of blocks and lots should be deigned to take advantage of the natural and scenic qualities of the area. Land which the city council finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations, utility or pipeline easements or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surroundings, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the city that will solve the problems created by the unsuitable land conditions.

(3)     Coordination requirements. The following design requirements ensure that the proposed subdivision is coordinated with its immediate neighbors with respect to land use, street connections, utilities, drainage facilities, and the possible dedication of parks and open spaces.

a.     Larger than normal building lots. When a tract is subdivided into larger than normal building lots, such lots shall be so arranged as to permit the logical location and opening of future streets and possible resubdivision of lots with provision for adequate utility easements and connections.

b.     Plat of partial property. When the plat to be submitted includes only part of the contiguous property owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

c.     Extension of utilities. The subdivision plat shall provide for the logical extension of abutting and proposed utilities and drainage easements and improvements in order to provide for system continuity and to promote future development of adjacent areas.

(Ord. No. 1133, § 1(10-100), 3-22-94)

   Sec. 84-441     Subdivision lay-out standards

The plan of a subdivision, which includes the lay-out of streets, lots, blocks, set-backs, and easements, and excluding the design of the infrastructure shall be governed by the regulations stated in this section.

(1)     Lots. Subdivisions shall be divided into lots and blocks. Lots shall be the smallest unit of land parcels on which development may occur and shall maintain frontage on a public dedicated street unless otherwise approved by city council through the specific use permit (SUP) or planned development (PD) process. The following shall apply for lots:

a.     Minimum dimensions. Lots shall have a minimum width, depth and area of not less than that required for the zoning district in which the lots are located. Corner lots shall be increased in size whenever necessary to permit any structure placed thereupon to conform to the building line of each street in accordance with the zoning ordinance requirements.

b.     Double frontage lots. Double frontage lots are undesirable and will not be allowed where they can be avoided.

c.     Side lot lines. Side lot lines, insofar as practical, shall be at right angles or radial to street lines.

d.     Lots abutting two streets. Whenever a residential lot abuts two streets, one of which is an existing or proposed arterial street, the planning and zoning commission may require access on the nonarterial street and nonaccess reservation along the rear property line. Consequently, no driveway access shall access the arterial street. Lots at major street intersections and at all other points where traffic flow may be affected shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than 25 feet without decreasing the normal width of the sidewalk area.

(2)     Blocks. The lengths, widths, and shapes of blocks shall be determined with due regard for the following standards:

a.     General characteristics. Blocks used for residential purposes should be of sufficient width to allow for two tiers of lots of appropriate depth. Exceptions to this standard shall be permitted in blocks adjacent to major streets, railroads, or waterways.

b.     Length. Block lengths, generally, should not exceed 1,000 feet in length.

(3)     Building lines. Building lines shall be shown on all lots intended for residential usage. Whenever required by the planning and zoning commission, building lines shall be shown on lots intended for business usage.

(4)     Easements: Easements and fire lanes shall be provided by the lay-out design of the subdivisions to enable public access to utilities for the benefit and safety of the general public. The property owner shall be responsible for the maintenance of easements and fire lanes and shall keep the easement and fire lane areas free of all permanent improvements.

a.     Utility. Minimum utility easements of 20 feet shall be provided along rear and side lot lines when necessary for use by public and private utilities. Provided, however, that the planning and zoning commission may require easements of greater width for the extension of main storm sewers, water lines or sanitary sewers and other utilities when it is deemed necessary.

b.     Drainage. Minimum drainage easements shall be required when a subdivision is traversed by a watercourse, drainage channel, stream or underground conduits. Minimum easements shall be adequate to provide for the drainage requirements as determined by the city engineer and all access shall be provided to all easements detailed in this document.

c.     Fire lanes. Properties that have a number of buildings constructed, or properties that contain public facilities such as shopping centers, churches, office parks, etc., shall provide for access for emergency vehicles. Emergency access lanes will be indicated on the plats and shall be of a width and configurations as required by the fire marshal of the city.

(5)     Survey monuments and markers. All subdivisions shall be measured in the field and documented by certified drawings by a licensed public land surveyor. Monuments and markers established by surveyors shall comply with the following regulations.

a.     Concrete monuments. Concrete monuments shall reference official city monuments. Concrete monuments at lease eight inches in diameter by 30 inches in depth, shall be placed at the four extreme corners of subdivision covering an area in excess of five acres. Where extreme corners would be closer than 500 feet, one monument will be repositioned to the next nearest corner at lease 500 feet away. Subdivisions less than five acres in area shall have monuments located at the northeast most and southwest most corners. The exact intersection point on the monument shall be marked by a copper pin or cap one-fourth of an inch in diameter embedded at least three inches into the monument. The top of the monument shall be placed flush with the finished grade. Horizontal and vertical control for each monument shall be placed on the plat consistent with the NGVP 1929 datum and the NAD 1983 datum. These monuments shall be tied to a minimum of two established city brass cap monuments by coordinate and elevation.

Permanent Reference Monuments: STRIKE

b.     Lot markers. Lot markers shall be a one-half-inch by 24-inch metal, concrete or other reasonably permanent material and shall be placed flush with the ground, or countersunk, if necessary, in order to avoid being disturbed.

(6)     House and business numbers. House and business addresses shall be allocated to lots. Addresses will be in general compliance with the city's address grid map and follow the convention of even numbers on the right side of the street when going away from the city center (Main Street at Hwy 10 “Euless Blvd.”) and odd numbers on the left side of the street when going away from the city center. One address will be assigned per platted lot, with building designations assigned by the property owner and shall follow a logical sequence allowing for emergency services identification and future expansion of the site.

(7)     Parks, schools, and playgrounds. Sites suitable for parks, schools, playgrounds or other public usage, as required by the city, should be carefully considered in collaboration with the city planning and zoning commission and so indicated upon the preliminary plat. This is done so that these sites can be checked for conformity with the recommended locations indicated upon the master plan and so that these sites can be duly placed upon the final plat for dedication. Such sites should be in conformity with the general requirements of the city planning and zoning commission in keeping with modern city planning principles. They shall be of adequate size as recommended by the city planning and zoning commission and as may be required by the city under its policies and specifications. The city planning and zoning commission may require the owner or subdivider to obtain a letter from the appropriate independent school district stating that provisions for the site of future schools, if such be required, are adequate. If a schoolsite is not required, the letter is to so state.

(8)     Floodprone land. Land subject to flooding, land designated by the Federal Emergency Management Agency as floodprone and land deemed by the planning and zoning commission to be uninhabitable may be platted; however, such land shall be encumbered by a drainage easement.

(Ord. No. 1133, § 1(10-200), 3-22-94; Ord. No. 1177, § II, 5-23-95)

   Sec. 84-442     Street improvements standards

Any owner of land, subdivider, his or their engineer, land planner or any other person making a street layout for any parcel of land or subdivision shall design the street layout in accordance with the following design standards.

(1)     General conformance. In general, the proposed subdivision shall conform to the general projected future land use pattern as outlined by the master plans of the city that has been formulated and adopted by the city planning and zoning commission.

(2)     Variations and modifications. Variations and modifications of the general requirements as outlined in this article will be made by the planning and zoning commission when, in its judgment, special or peculiar factors and conditions warrant such variations and do not affect the general application or spirit of the rules and regulations or the master plans of the city.

(3)     Street classifications. The arrangement, classification, character, length, width, grade and location of all streets shall conform to the City of Euless master thoroughfare plan. The standard widths of streets shall be designed in accordance with the following:

Street Type

Minimum ROW Width (in feet)

Minimum Pavement Width (in feet)

Major arterial

80–160

48–100

Minor arterial

80–100

36–86

Collector

60–68

36–48

Local

50

30

Cul-de-sac radii

70

50

a.     Major arterial. The subdivider shall be required to dedicate appropriate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the master thoroughfare plan. The right-of-way and pavement widths shall be in accordance with the adopted thoroughfare plans used by the city. The width of paving shall include channelization and storage lanes as may be appropriate, as determined by the city engineer.

b.     Minor arterial. The subdivider shall be required to dedicate appropriate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the master thoroughfare plan. The right-of-way and pavement widths shall be in accordance with the adopted thoroughfare plans used by the city. The width of paving shall include channelization and storage lanes as may be appropriate, as determined by the city engineer.

c.     Collector. These streets shall be constructed in new subdivisions by the subdivider. The city will pay all increased costs associated to the extent said costs exceed that necessary to build a residential street as defined herein; subject to city council approval and the availability of funds.

d.     Local. These streets shall be constructed in new subdivisions by the subdivider.

e.     Culs-de-sac. When the planning and zoning commission determines that the most desirable residential plan requires laying out a dead-end street, the street shall terminate in a cul-de-sac; said dead-end street shall be no more than 600 feet long, unless topography, density, adequate circulation, or other unusual conditions necessitate a greater length.

(4)     Dead-end streets. Except in unusual cases, dead-end streets will not be approved unless such dead-end streets are provided for in such a manner that will permit connection with future streets in adjacent platted land. Courts, culs-de-sac or “places” may be provided where the shape of a portion of the proposed subdivision or the terrain of the land would make it difficult, uneconomical or unreasonable to plat with connecting streets. A turnaround must be provided at the closed end having an outside radius of not less than 50 feet. In general, no reserve strips controlling access to land dedicated or to be dedicated to public use shall be permitted.

(5)     Access to arterial streets. Where a residential subdivision borders on or contains an existing or proposed arterial street, the planning and zoning commission shall require that access to such streets be limited by the following:

a.     Nonaccess reservation strip. The subdivision of lots so as to back into the primary arterial and front onto a parallel local street with a nonaccess reservation strip along the rear property line to prevent access from the arterial;

b.     No through street. Providing a series of culs-de-sac, U-shaped local streets, or short loops entered from and designed generally at right angles to a parallel street, with the rear lot lines of their terminal lots backing into the arterial street.

(6)     Access to subdivision. Single access points for subdivisions are not desired, but if they are necessary the entry must be a parkway design type with a minimum of four, 12-foot lanes and a minimum of a four-foot median.

(7)     Offsets in streets alignment. Offsets in street alignment shall be avoided. When a subdivision street is intersected by two other subdivision streets, the intersecting streets should form a cross-intersection or two tee intersections offset at their centers by at least 150 feet. In the case of two collector or arterial street intersections. A larger street offset may be required to allow for left turn storage between intersections. Intersections of five or more approaches shall not be permitted. The preferred angle of intersection of intersecting streets is 90 degrees. Acute angles between streets in subdivisions at their intersection shall be avoided: provided, that when intersecting angles sharper than 80 degrees are deemed necessary by the city, the property line in the small angle of the intersection shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than 25 feet without decreasing the normal width of the sidewalk area. When the intersecting angle of property lines is 80 degrees or less, a line of sight triangle easement prohibiting sight obstruction shall be deeded.

(8)     Curbs and gutters. All streets shall be designed with concrete curb and gutters as per city's standard detail sheets.

(9)     Curve requirements. Curvilinear streets will be permitted. Major thoroughfares may have a minimum radius at the center line of the street of 1,920 feet. Collector streets may have a minimum radius at the center line of the street of 1,000 feet. Minor residential streets may have a minimum radius of 600 feet. In special circumstances, the city planning and zoning commission may approve of shorter radii where the circumstances justify such action upon recommendation of the city engineer.

(10)     Street grades. Major thoroughfares shall be limited to a maximum grade of five percent unless the natural topography is such that steeper grades are essential. In this case, grades up to seven and one-half per cent may be used for a distance not to exceed 200 feet maximum in any one continuous distance. Collector streets shall be limited to a maximum grade of seven and one-half percent. Minor residential streets shall be limited to a maximum grade of ten percent. The minimum grade of any street shall be not less than six-tenths of one percent. Grade changes in the center line of streets with an algebraic difference in grades of more than two percent shall be connected with vertical curves. The street grading, grades and vertical curves shall be such that the sight distance is not less than 600 feet on main thoroughfares, and not less than 400 feet on all other streets. Where cross slopes are desirable or necessary from one curb to an opposite curb, the cross slope shall not be more than 12 inches in 30 feet.

(11)     Street connections with adjacent subdivisions. In order that proper relationship of new subdivision streets may be maintained with adjoining streets and land, the system of streets in a new subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions that have been platted. There must, in general, be a reason able projection of streets into the nearest subdivided tracts, and the same must be continued to the boundaries of the tract subdivided, so that other subdivisions may be connected therewith.

(12)     Provisions for future streets. Where a tract of land is subdivided into parcels that are larger than normal building lots, such parcels shall be arranged to permit the opening of future streets and a logical ultimate resubdivision.

(13)     Alleys, commercial property. Alleys, or adequate loading areas, shall be provided for commercial property. Alleys shall be a minimum of 20 feet in width and shall consist of a concrete paving as approved by the city engineer.

(14)     Alleys, residential property. Alleys shall not be required in residential districts, with exception to instances where the extension of an alley would be consistent and appropriate relative to existing and adjacent subdivisions. Permitted alleys shall be a minimum of 20 feet in width and shall consist of a paved surface as approved by the city engineer.

(15)     Obstructions of view or sight. On any lot on the street side, or sides if it is a corner lot, no wall, fence or other structure shall be erected, and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location as to obstruct the view.

The definition of “obstruction” is any fence, wall, hedge, shrubbery, etc., higher than 36 inches above adjacent top of curb at property line to a point 52 inches above adjacent top of curb at the building line on a lot is hereby declared to be an obstruction to view, except single trees having single trunks, which are pruned to a height of seven feet above ground level. No solid fence shall be constructed in front of the building line on any lot including corner lots, except as defined above.

Sight visibility triangles will be required to dedicated and maintained at these intersections. The legs of the triangles will be determined by the angle of the intersection.

(16)     Sidewalks. Sidewalks on both sides of all public rights-of-way shall be installed by the subdivider at time of public improvement. The minimum paving width in single-family residential areas shall be four feet and in all other areas five feet along the right-of-way line. The sidewalks shall be located one foot from property line between the curb and property line. Sidewalks shall be located along major thoroughfares where lots do not adjoin the streets, along power line easements and in other areas where pedestrian walkways are necessary. Hike and bike sidewalks shall be built by the developer along streets designated for hike and bike trails or as required by the planning and zoning commission. All sidewalks shall be at-grade at driveways in accordance with the Americans with Disabilities Act of 1990.

(17)     Handicap ramps. Handicap ramps shall be installed at all intersections in accordance with the Americans with Disabilities Act of 1990.

(Ord. No. 1133, § 1(10-300), 3-22-94)

   Sec. 84-443     Water and wastewater improvement standards

The developer shall install a complete water distribution system and complete wastewater collection system to serve proposed subdivisions. Individual water taps, including approved meter boxes set to grade, shall be installed with proposed systems. Individual water service and wastewater service locations shall be permanently marked with a stamp (“W” for water, and “S” for sanitary sewer) on the face of the curb; or if no curb is constructed, on the top of the pavement. The markings shall be a minimum of four inches in height. All new water and wastewater lines crossing under existing paved streets shall be bored or jacked, casing pipe installed, and pressure grouted immediately upon completion of bore. All approved meters, valves, pipe material, acceptable products and construction details are contained in the city's standard detail sheets as provided by the city engineer's office.

(1)     Water. The developer shall install a complete water distribution system to serve his subdivision. the size of lines to be installed shall be determined by the city master water plan and the type of development to be served.

a.     Size of feeder mains. Feeder mains shall not be smaller than eight inches in diameter and if possible the system shall be looped. Dead end lines shall be avoided where possible and in no instance shall any dead end line exceed 600 feet in length. All dead end lines shall have an approved blow-off/sample station.

b.     Location. Water mains shall be located between the back-of-curb and right-of-way line on the north and east sides of public streets.

c.     Valves. Approved gate valves shall be installed on water lines as required for control of the system, to properly isolate mains for maintenance and where needed as determined by the city engineer. A two and one-half foot square concrete pad with appropriate openings, shall be constructed at ground level around the valve.

d.     Fire hydrants. Approved fire hydrants shall be installed on water systems at intervals of 500 feet minimum radius when serving residential areas of nine units per acre or less; and at intervals of 350 feet minimum radius in all other land uses and residential densities. Fire hydrant spacing along a water main shall not, in any case, exceed 600 feet in single-family residential areas and 300 feet in commercial, industrial and heavily congested residential areas. All water lines must be looped unless specifically approved by the city engineer. All lines must be pressure tested and meet all federal and state testing requirements. No more than one fire hydrant will be allowed on six-inch lines unless approved by the city engineer. All fire hydrants shall be valved. A blue traffic button shall be located in the street one traffic lane width in front of the curb directly in front of the fire hydrant. All fire hydrants shall be primed with a metal primer and painted with an industrial grade aluminum silver paint that is approved by the public works department.

e.     Material. Water mains shall have a minimum cover of 48 inches to finish grade and shall be constructed of materials as permitted by the city's specifications or approved by the city engineer.

f.     Backfill. All lines must be backfilled with the appropriate material and compacted as determined by the design specifications as adopted by the city.

g.     Installation. All water main pipes shall be bedded with a minimum of six inches of cushion sand (or approved material) under the pipe and a minimum of 12 inches of cushion sand (or approved material) over the pipe. The rest of the trench shall be filled with density controlled compacted crushed limestone base material placed in lifts not to exceed eight inches in depth.

h.     Blocking. In order to protect installed pipelines from the deteriorating force of a pressurized system, fire hydrants, valves, pipe ends, and pipe angles or any alignment change shall be blocked with concrete.

i.     Water meter location.

(2)     Wastewater. The developer shall install a complete sewerage collection system to serve the subdivision.

a.     Size of wastewater collection line. The size of line shall be determined by the city master sewer plan and the type of development to be served; however, collection lines shall not be less than eight inches in diameter except when serving less than 200 feet and no more than two manholes are required upstream.

b.     Location. Wastewater collection lines shall be located between the back-of-curb and right-of-way line on the south and west sides of public streets.

c.     Material. Wastewater collection lines shall be constructed of materials as permitted by the city's specifications or approved by the city engineer.

d.     Installation. Wastewater collection lines shall be installed a minimum of four and one-half feet below the finished grade of adjacent top-of-curb or pavement or adjacent property to be served (whichever is lower in elevation) and shall if possible maintain a minimum of four and one-half feet of cover. Wastewater collection lines shall be bedded with a minimum of six inches of cushion sand (or approved material) under the pipe and a minimum of 12 inches of cushion sand (or approved material) over the pipe. PVC joints shall be rubber locked ring-type.

e.     Backfill. All lines must be backfilled with the appropriate material and compacted as determined by the design specifications as adopted by the city.

f.     Grades. Wastewater collection lines shall be designed to have a minimum mean velocity flowing full of two and one-half per second (fps). The minimum slope of the line shall conform to the minimums recommended by the Texas Department of Health (TDH) and/or the Texas Water Commission and maximum velocity shall not exceed ten fps.

g.     Manholes. Manholes shall be located at all intersections of wastewater collection lines, changes in grade, changes in alignment, and at distances not to exceed 500 feet. Manholes shall be constructed of precast reinforced concrete pipe or cast in place concrete and fiberglass will be allowed in certain situations only. Brick manholes will not be allowed. Where PVC pipe enters manholes, an approved coupling with rubber ring joint shall be used to provide a watertight connection. A concrete pad measuring four square feet shall be poured at ground level around the lid of the manhole.

h.     Drop manholes. Drop manholes shall be used at locations where the elevation of the incoming wastewater collection line is two feet or greater from the elevation of the outgoing line. Construction shall be the same as the standard manhole.

i.     Cleanouts. Cleanouts shall be constructed at the upper end of all wastewater collection mains. Cleanouts shall be constructed of the same material and same size as the wastewater collection main. The top shall have a cast iron boot with cover. A two and one-half foot square by six-inch thick concrete pad shall be placed around this boot. Cleanout locations shall be stamped in the nearest street/curb.

j.     Lift stations. Lift stations shall be designed in accordance with the criteria of the state regulatory agency. Design data will be submitted and approved by the city engineer or public works director on a case-by-case basis. Lift stations will be allowed only when no other feasible alternative will work.

(Ord. No. 1133, § 1(10-400), 3-22-94; Ord. No. 2077, § 1, 8-11-15)

   Sec. 84-444     Stormwater improvement standards

Developers shall be required to design and construct stormwater improvements to protect the general health, safety and welfare of the public by reducing flooding potential, controlling excessive runoff, minimizing erosion and siltation problems, and eliminating damage to public facilities resulting from uncontrolled stormwater runoff. Increased stormwater runoff attributable to new development must not exceed the capacity of the downstream drainage system or adversely affect adjoining property. Where the proposed runoff would exceed capacity, the city may accept the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation.

(1)     Method of measuring. The determination of design discharge of storm drainage water shall be accomplished in accordance with the following criteria:

a.     Development assumption. All calculations shall be performed assuming 100 percent urbanization of the affected drainage area. Land uses for ultimate development will be determined by existing zoning unless otherwise approved by the city. Land use for drainage areas or portions of drainage areas laying outside of the corporate limits of Euless shall be determined by the zoning maps of the respective cities.

b.     Rational method. The rational method (Q = CIA) shall be used on small watersheds of 750 acres or less.

c.     Unit hydrograph. Unit hydrograph techniques shall be used for areas greater than 750 acres. The technique and data to be used for the determination of the design discharge shall be approved by the city engineer prior to the completion of calculations. A complete set of all detailed calculations must be submitted to the city engineer for approval prior to the completion of the plans for the drainage system.

d.     Design flow. The design flow shall be based on a 25-year return frequency except for bridges, culverts, underpasses, and open ditches. For the latter, storm drainage design flow shall be based on a 100-year return frequency storm. The 25-year flow must be contained within an enclosed system. The 100-year flood must be conveyed within the dedicated right-of-way or drainage easements.

e.     Intensity and duration. The intensity and duration of the rainfall shall be based on Technical Paper No. 40 of the Weather Bureau of the United States Department of Commerce (City of Fort Worth Intensity Curves) for the various frequencies.

f.     Runoff coefficients. The coefficient of runoff to be used in the calculations shall be as follows:

Description of Area

Coefficient

Business areas

0.95

Industrial areas

0.95

Multifamily residential

0.70

Other residential areas

0.65

Park and permanent open spaces

0.35

The time coefficient of runoff for undeveloped land shall be the appropriate coefficient for the ultimate land development as shown on the future land use map of the latest city master plan.

g.     Time of concentration. The time of concentration is defined as the longest time that will be required for a drop of water to flow from the upper limit of the drainage area to the point of concentration. Time of concentration is a combination of the inlet time and the time of flow in the storm drainage facility. Inlet time is composed of overland flow time plus the time of flow in the gutter required to reach the inlet.

1.     In calculating gutter time the following are to be assumed to be gutter velocities:

Slope of Gutter (percent)

Assumed Velocity (in feet per second)

0.4

1.4

1.0

2.2

2.0

3.1

3.0

3.8

4.0

4.3

5.0

4.9

6.0

5.3

8.0

6.1

10.0

6.9

2.     The minimum inlet times of concentration are show below:

Description

Time in Minutes*

Parks and permanent open areas

20

Residential areas

15

Multifamily, business and industrial

10

* In cases where it is evident that the actual time of concentration is less than that indicated above, a shorter time of concentration should be used.

(2)     Curb height. Curb height on all streets shall be not more than eight inches and at least equal to the depth of water at design flow.

(3)     Maximum water depth. Maximum depth of water to be allowed in streets at design flow shall be determined by the classification of the street on the major street plan of the city and as set forth in section 84-444(5)b., but not more than eight inches, as determined from street width and slope.

(4)     Finish floor elevations. Finish floor elevations shall be required to be shown on all lots that either lay within or are adjacent to a designated 100-year flood plain. Finish floor elevation shall be two feet above any 100-year flood elevation as determined by FEMA or in the absence of FEMA information as determined by an engineering hydraulics study approved by the city engineer.

(5)     Drainage features and policies. In order to define drainage conditions and the policies associated with those conditions the following criteria and regulations are provided:

a.     Types of drainage features. The three types of drainage features that are addressed in this subsection consist of the following:

1.     Closed drainage systems.

2.     Reinforced concrete lined channels.

3.     Natural channels.

b.     Spread of water. During the design storm, the quantity of stormwater that is allowed to collect in the streets before being intercepted by a storm drainage system is referred to as the “spread of water.” In determining the limitations for carrying stormwater in the street, the ultimate development of the street shall be considered. The use of the street for carrying stormwater shall be limited as follows:

Thoroughfares = Two traffic lanes to remain clear

Collectors = One traffic lane to remain clear

Residential streets = Six-inch depth of flow at the curb or no lane completely clear

(6)     Closed drainage systems. Stormwater in excess of the stated quantities allowed to be carried in the streets shall be handled in storm sewer pipe, or shall be handled in open ditches not in the street right-of-way. Capacity of storm sewers and ditches shall be calculated by Kutter's or Manning's formula or other approved methods. Stormwater runoff shall be carried in a storm sewer pipe when either of the following apply (headwalls shall be constructed at the outfall of all storm systems.):

a.     The runoff can be carried in a pipe of 72 inches in diameter or smaller; or

b.     Where it is necessary for the protection of adjacent facilities that the stormwater be carried in an enclosed facility.

(7)     Reinforced concrete lined open channels. Reinforced concrete lined open channels should be used when the criteria outlined in section 84-444(5) is exceeded. Reinforced concrete lined channels shall conform to the following:

a.     “CA” factors less than 250. Channels draining an area with a “CA” factor of 250 or less shall be lined with reinforced concrete in a manner which will contain the design frequency storm plus one foot of freeboard within the concrete lining.

b.     “CA” factors between 250 and 500. Channels draining an area with a “CA” factor of more than 250 but less than 500 shall be concrete lined to contain the runoff from a 25-year return frequency storm with the balance of required design frequency storm contained within grassed slopes no steeper than three horizontal to one vertical and with a minimum of one foot freeboard.

c.     “CA” factors greater than 500. Channels draining a area with a “CA” factor of more than 500 shall be governed by criteria designed for the individual situation.

(8)     Natural channels. Channels may be preserved when criteria in section 84-444(7) is met or when the developer desires to preserve the natural channels within his addition for the purpose of aesthetics and/or open space and when approved by the city engineer according to the procedures prescribed for plat approval. The following criteria shall apply when it is desirable to preserve natural channels:

a.     Application for preservation of natural channel. An application for preservation of a natural channel shall be submitted through the director of planning and development for review by the City of Euless a minimum of 21 days prior to the approval of the preliminary plat. This application shall contain the following information furnished by the developer:

1.     Topographic, hydrologic and hydraulic information sufficient to properly evaluate the proposal.

2.     When the natural channel to be preserved is one which has had a floodplain information report prepared by the Corps of Engineers or other governmental agencies, the identified 100-year return frequency storm shall be shown to the extent that it affects the property in the application. In addition, it shall be demonstrated and stated on the plans that the proposed improvements will comply in all respects with the criteria outlined in Section 1910 of the national flood insurance regulations as amended promulgated by the Federal Insurance Administration. A hydrologic report also shall be provided to determine and identify the 100-year flood plain after the proposed improvements are in place.

3.     When a governmental report does not exist, a civil engineering and hydrologic survey and report must be provided to determine the existing and proposed 100-year flood plains.

b.     Criteria for channels measuring less than a “CA” of 500. When the drainage feature measures less than a “CA” of 500, the proposed improvement shall be constructed with a reinforced concrete pilot channel not less than six feet in width and having at least eight-inch vertical curbs and a depressed invert with a minimum of transverse slope of two-thirds-inch per foot. The remainder of the channel shall consist of earthen side slopes with proper vegetative cover on slopes no steeper than two horizontal to one vertical below the elevation required for the design frequency storm and three horizontal to one vertical above. In the special cases approved according to the procedure prescribed for plat approval, large single tract developments may be governed by criteria designed for the individual situation.

Cases of this nature shall be considered only where the applicant demonstrates substantial preservation of aesthetics and/or open space. The mere reduction of development costs will not be considered as justification for this variance. A perpetual maintenance agreement shall be provided in accordance with the requirements of this document to include all maintenance responsibility for the facility.

c.     Criteria for channels measuring a “CA” greater than 500. When the drainage feature measures greater than a “CA” of 500, the following criteria shall also be met:

1.     All land having an elevation below the 25-year return frequency flood elevation shall be contained within an easement dedicated to the public for the purpose of providing drainage. The 25-year return frequency storm shall be determined on the basis of a fully-developed watershed according to the latest available master plan.

2.     All channel improvements such as reshaping, realignment, etc., shall be protected with sodding, back sloping, cribbing, and other bank protection designed and constructed to control erosion from the 25-year return frequency storm.

3.     An analysis shall also be made to determine the limits of the 100-year return frequency flood. The 100-year flood must be maintained between the top of banks of the channel unless approved by the city engineer. A flowage easement shall be dedicated to limit the construction of any structures in the area bounded between the 100-year and 25-year return frequency storms as indicated above. The term structure shall be construed to include any and all types of fences, portable buildings or any man-made device which could be construed to be an obstacle to the flow of water.

4.     The following velocity controls shall be applied to channels with earthen banks:

Description

Velocity (in feet per second)

Unlined banks in clay soil with grass cover

8.5 fps

Unlined banks in sand or silty soil with grass cover

5.0 fps

5.     A perpetual maintenance agreement in form prescribed by the city shall be executed by all parties owning any interest in the property abutting upon, adjacent to, or included within such channel and flowage easement provided for in the document. Such perpetual maintenance agreement shall be filed of record and shall establish an affirmative burden, charge and duty on the part of all existing and future parties owning any interest in the property abutting upon, adjacent to, or included within such channel and flowage easement for the maintenance of the channel and flowage easement with regard to vegetation, erosion control and the control of trash and debris. The right, without a duty to do so, shall be given the city to enforce such perpetual maintenance agreement, and, if it so elects, to perform necessary maintenance, the pro-rata cost of which may be charged as a priority lien and assessment against the property and the owners thereof abutting upon, adjacent to, or included within such channel and flowage easement.

(9)     Catchbasins. Sufficient and adequate catchbasins shall be installed to allow entry of required quantity of water into storm sewers. Catchbasin inlet openings shall be seven inches high and there shall be at least one linear foot of catchbasin inlet opening for each cubic foot per second of water to be discharged into the catchbasin.

(10)     Street grades. Street grades shall be such that excessive sand deposition from too low a water velocity or pavement scouring from too high a velocity is to be avoided as far as practical. Street grades are normally to be not less than six feet nor more than 75 feet fall per 1,000 linear feet and shall never be less than six feet per 1,000. Storm sewers shall be provided and all water is to be diverted from the streets into the storm sewers, regardless of the quantity. Use of asphalt pavement will not be allowed when the water velocity exceeds eight feet per second at design flow.

(11)     Valley gutters. Valley gutters shall be provided to carry the water flow across all intersections. Valley gutters shall be of concrete construction and shall be six inches thick and eight feet wide.

(12)     Water dumped from street into watercourse. Where water is dumped from a street directly into an open watercourse, it shall be dumped through an approved type of catchbasin, or through a retard lined with concrete.

(13)     Height of curb where water directed. Where a flow of water is directed towards a curb and is required to turn in direction, the height of the curb against which the water is directed shall be not less than the depth of water flow plus the velocity head of the water plus two inches.

(14)     Open ditches and channels. All open ditches in subdivisions that are used to carry surface runoff shall be lined in accordance with the criteria outlined in this document. The required improvement shall extend across the entire