§ 155.4 SITE DEVELOPMENT REQUIREMENTS.

   4.01.   Landscaping Requirements.

      A.   Purpose. This subsection 4.01 is established for the following purposes:

         1.   Provide requirements and guidelines for residential use and nonresidential use landscaping;

         2.   Encourage a variety of species including trees, shrubs, and other vegetation;

         3.   Encourage creativity and diversity using a variety of landscaping methods;

         4.   Ensure the aesthetic appeal of properties in Cleburne and improve resistance to drought and disease; and

         5.   Minimize adverse impacts of light, noise, movement, and surface heat gain throughout the city.

      B.   Applicability.

         1.   This subsection 4.01 applies to all new development at the time an application for a building permit or site plan is submitted for approval.

         2.   Existing uses that do not comply with this subsection 4.01 and are expanded must conform under the conditions of subsection 3.07.F.2.

         3.   To promote variety and creativity and to prevent plantings in easements or other unsuitable areas, the Zoning Administrator may approve an administrative variance of 10% from any numerical standard in this subsection 4.01.

         4.   Properties in the Downtown Core Overlay are exempt from the standards of this subsection.

         5.   Unless otherwise specified, at the time of planting, all trees must be a minimum of three inches caliper as measured six inches above the ground and all shrubs must be a minimum of five gallons. Multi-trunk trees may be used to fulfill the caliper requirements at planting if the diameter of the largest trunk plus the average diameter of all other trunks is equal to at least three inches.

         6.   All plant material must be selected from Table 9: Approved Plant Material List except as provided in subsection 4.01.C.4.

         7.   Any surface not occupied by buildings, sidewalks, parking lots, trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with sod, turf, or other living ground cover with the following exceptions:

            a.   Up to 50% of the areas described in subsection 4.01.B.7 may be planted using river rock, crushed or decomposed granite, volcanic rock, or similar non-living and weed-resistant ground cover subject to the maintenance requirements of subsection 4.01.C.3.

            b.   Artificial turf may be utilized in a rear yard subject to the maintenance requirements of this subsection 4.01.C.3.

      C.   General landscaping requirements.

         1.   Nonresidential use landscaping requirements.

            a.   Landscaping in any district not zoned SF, MF, or A shall be required according to this subsection 4.01.C.1.

   Table 7: Nonresidential Landscaping Requirements (Section References)

 

Subsection Number	Subsection Title
4.01.C.1.b	Landscaped edge along street right-of-way
4.01.C.1.c	Parking lot landscaping
4.01.C.1.d	Landscaping for corner lots
4.01.C.1.e	Landscaping and screening for parking lots adjacent to residential areas
4.01.C.1.f	Building perimeter plantings for buildings 50,000 square feet or larger
4.01.C.1.g	Landscaping standards for industrial development

 

            b.   Landscaped edge along street right-of-way. All nonresidential uses in districts other than SF, MF, and A shall comply with the following requirements (development in the I, Industrial District must conform with subsection 4.01.C.1.g):

               (1)   Landscaped edge. A landscaped edge shall be provided adjacent to all streets according to the designation of the street on the adopted Master Thoroughfare Plan.

                  (a)   The landscaped edge shall be the following minimum widths, exclusive of street right-of-way.

                     (i)   Landscaped edge width adjacent to a freeway: 20 feet;

                     (ii)   Landscaped edge width adjacent to an arterial street: 15 feet;

                     (iii)   Landscaped edge width adjacent to a collector street: ten feet;

                     (iv)   Landscaped edge width adjacent to a local street: ten feet.

                  (b)   Within the landscaped edge, one tree shall be planted per 30 linear feet of street frontage. The Zoning Administrator may approve the grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities, or similar site features.

               (2)   Vehicle headlight screening abutting the landscaped edge. Where parking lots, drives, and common access easements abut the landscaped edge, shrubs shall be planted to form a continuous buffer adjacent to the landscape edge (see Figure 10: Example of Parking Lot Headlight Screening).

                  (a)   A berm may be placed within the landscaped edge in lieu of the required shrubs unless needed for a headlight screen (see subsection 4.01.C.1.e).

                  (b)   The number of required shrubs shall be calculated solely on the area of the required landscaped edge.

                  (c)   The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.

                  (d)   The slope of the berm shall not exceed a 33% grade.

            c.   Parking lot landscaping. Any nonresidential use parking area that contains more than ten parking spaces shall provide the following landscaping in addition to the landscaped edge required by subsection 4.01.C.1.b(1):

               (1)   Each row of parking must terminate with a planting bed equivalent in size to one parking space on a single row of parking and two parking spaces on a double row of parking as shown in Figure 11: Parking Buffer Requirement for 90-Degree Parking.

                  (a)   Each parking island must be planted with a minimum of one shade tree or two ornamental trees;

                  (b)   Areas of parking islands that do not contain trees must be planted with sod or living plant material at the time the city issues a certificate of occupancy;

               (2)   Each parking space must be no more than 100 feet from a parking island. The Zoning Administrator may require additional parking islands in the middle of rows to meet this requirement.

               (3)   In parking lots with more than 50 spaces, three feet of parking buffer shall be provided for 90 degree parking with two rows facing each other as shown in Figure 11: Parking Buffer Requirement for 90-Degree Parking.

                  (a)   Parking buffers must be provided at a minimum of every third row of parking.

                  (b)   The parking buffer must run the entire length of the row.

               (4)   All landscaped areas shall be protected by either a raised six-inch concrete curb or wheel stops permanently fixed in the ground.

               (5)   The requirements listed above do not apply to structured parking garages.

               (6)   Expansion of existing parking areas. When an existing parking area that is nonconforming with this subsection 4.01.C.1.c is altered or expanded by more than 50% and the expansion increases the number of spaces to more than ten, parking lot landscaping shall be provided in accordance with the above standards (see subsection 3.07.F.1).

            d.   Landscaping for corner lots. Corner lots at the intersection of two or more arterial streets shall comply with the following landscaping requirements in addition to the required plantings for the landscaped edge and parking lot landscaping:

               (1)   A minimum landscaped area of 500 square feet shall be located at the intersection corner of the lot.

               (2)   Within the landscaped area, the developer must plant an additional three shade trees, or substitute two ornamental trees for one shade tree, or 50 square feet of shrubs or flowering plants per one shade tree.

               (3)   This landscaped area shall be provided within an area measured a minimum distance of 40 feet from the projected corner of the intersection on both sides of the lot.

               (4)   The Zoning Administrator may authorize minor adjustments to this requirement, such as splitting the planting area into two or more smaller areas, if the minimum required size is provided in close proximity to the intersection.

            e.   Landscaping and screening for parking lots adjacent to residential areas.

               (1)   Where more than three parking spaces are constructed within 50 feet of property zoned as an SF or MF District and there is no existing opaque fence, wall, berm, or landscaped screen between the new parking and the SF or MF property, one of the following must be placed adjacent to the parking spaces for sound and headlight attenuation:

                  (a)   A continuous screen of shrubs growing to at least 36 inches in height and meeting the watering and maintenance requirements of this subsection; or

                  (b)   A buffer of 20 feet must be provided between the parking area and the property line with the SF or MF zoned property.

               (2)   Landscaping buffers are not required for developments smaller than two acres.

            f.   Building perimeter plantings for buildings 50,000 square feet or larger.

               (1)   Perimeter plantings are required for any single building or group of buildings in a single unified development that equal or exceed 50,000 square feet in gross floor area.

               (2)   These plantings are intended to provide pedestrian areas while breaking up the large areas of impervious surface.

               (3)   One shade tree or two ornamental trees are required for every 10,000 square feet of gross building area.

               (4)   Trees planted to fulfill the requirements of this subsection 4.01.C.1.f must be planted within 30 feet of the front façade.

               (5)   The developer may decide how to distribute the required plantings as long the plantings meet the standards specified in this subsection 4.01.C.1.f.

               (6)   Administrative adjustments.

                  (a)   The Zoning Administrator may reduce the requirements of this subsection 4.01.C.1.f when additional pedestrian features such as plazas, seating areas, fountains and outdoor recreation facilities are provided.

                  (b)   These facilities must occupy an area equal to or greater than 5% of the building's total gross floor area.

            g.   Landscaping standards for industrial development.

               (1)   Development in the I, Industrial District must provide a landscaped edge as described in 4.01.C.1.b(1) along any public street or right-of-way that is of a collector classification or higher.

               (2)   A buffer must be installed between development in the I, Industrial District and any SF or MF district, unless the conditions of subsection 4.02.C.1.c are present at the time the first certificate of occupancy is issued on the property.

                  (a)   Within a buffer that is at lest 50 feet wide, a single row of shade trees from Table 9: Approved Plant Material List must be planted at 30 feet on center.

                  (b)   Within a buffer that is less than 50 feet wide, a double row of alternating shade trees from Table 9: Approved Plant Material List must be planted at 30 feet on center.

         2.   Residential landscaping requirements. Residential landscaping shall be required in all SF and MF zoning districts according to the following subsections:

   Table 8: Residential Landscaping Requirements

 

Subsection Number	Subsection Title
4.01.C.2.a	Multi-family and townhome landscaping requirements
4.01.C.2.b	Single-family detached residential and duplex

 

            a.   Multi-family and townhome landscaping requirements.

               (1)   Landscaped edge. Except in the DTC, Downtown Core Overlay, and the CS, Cleburne Station Overlay, a landscaped edge shall be provided adjacent to all streets.

                  (a)   The landscaped edge shall be a minimum width of 15 feet, exclusive of street right-of-way.

                  (b)   Within the landscaped edge, one tree shall be planted per 40 feet of street frontage.

                  (c)   The Zoning Administrator may approve the grouping or clustering of trees within the landscaped edge to accommodate driveway spacing, utilities, drainage facilities or similar site features.

               (2)   Shrub buffer for multi-family parking lots and drives. Where parking lots and driveways abut the landscaped edge, shrubs shall be planted to form a continuous buffer along the boundary line between the parking lot and landscaped edge.

                  (a)   The number of shrubs required is calculated based on the area of the required landscaped edge.

                  (b)   A berm may be placed within the landscaped edge in lieu of the required shrubs unless needed for a headlight screen.

                  (c)   The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.

                  (d)   The slope of berm shall not exceed a 33% grade.

               (3)   No more than 50% of the required plant materials shall be of the same species.

               (4)   Any permeable surface not occupied by trees, shrubs, planting beds, signs or other permitted fixtures, or established vegetative cover shall be planted with sod or other living ground cover.

               (5)   Parking areas shall be landscaped in addition to the required landscaped edge. Twenty square feet of landscaping for each parking space shall be provided along the boundary of the parking area including one shade tree or two ornamental trees per ten parking spaces.

               (6)   All landscaped areas shall be protected by a raised six-inch concrete curb or wheel stop.

               (7)   One shade tree or two ornamental trees per 1,000 square feet of required landscaped area and required yards shall be provided.

            b.   Single-family detached residential and duplex landscaping requirements.

               (1)   Two shade trees or four ornamental trees must be provided for each dwelling.

               (2)   At least one tree must be planted in the front yard.

               (3)   Areas not used for buildings, for tree plantings, as planting beds, or for driveways or patios must be fully sodded if sod is not already established.

               (4)   All required trees and sod must be planted or installed prior to request for final building inspection of the single-family detached residential or duplex dwelling unit.

         3.   Landscape maintenance requirements.

            a.   This subsection 4.01.C.3 does not apply to single-family detached residential dwelling units and duplex.

            b.   All plant material shall be maintained in a healthy and growing condition and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed.

            c.   Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping.

            d.   All landscaped areas not within 100 feet of a hose bibb must be watered with an automatic irrigation system with rain and freeze sensors.

            e.   All areas not used for buildings, planting areas, parking, or driveway areas must remain sodded for erosion control.

            f.   Any developer desiring to install and maintain landscaping materials and irrigation facilities within the city right-of-way must first receive written approval from the city.

            g.   Landscaping must be in a live condition prior to issuance of a certificate of occupancy.

         4.   Approved plant materials.

            a.   The use of artificial turf is limited to the rear yard of buildings and is subject to the same maintenance requirement as living ground cover.

            b.   Use of any invasive or disease-prone species is prohibited.

            c.   Table 9: Approved Plant Material List is the list of pre-approved plant material for planting required in this subsection 4.01. An applicant may use an alternative plant species if its use is approved in writing by any of the following persons:

               (1)   A landscape architect registered in the State of Texas;

               (2)   A nursery professional certified by the Texas Nursery and Landscape Association; or

               (3)   A master gardener certified by the American Horticultural Society.

   Table 9: Approved Plant Material List

Type of Planting	Common Name	Botanical Name
Shade Tree	Caddo Maple	Acer barbatum "Caddo"
	Shantung Maple	Acer truncatum
	Pecan	Carya illinoensis
	Shagbark Hickory	Carya ovata
	Deodar Cedar	Cedrus deodara
	Texas Persimmon	Diospyros virgininiana
	Russian Olive	Eleagnus anigustifolia
	Honey locust	Gleditsia triacanthos
	Black Walnut	Juglans nigra
	Eastern Black Walnut	Juglans nigra
	Elderica Pine (Afghan Pine)	Pinus eldarica
	Eastern Red Cedar	Juniperus virginiana
	Red Cedar	Juniperus virginiana
	Sweetgum	Liguidambar styraciflua
	Southern Magnolia	Magnolia grandfolia
	Chinese Pistachio	Pistacia chinensi
	Texas Pistache	Pistacia texana
	Bur Oak	Quercus macrocarpa
	Chinquapin Oak	Quercus muhlenbergii
	Shumard Oak	Quercus shumardi
	Texas Red Oak	Quercus shumardi "Texana"
	Live Oak	Quercus virginiana
	Western Soapberry	Sapindus drummondii
	Bald Cypress	Taxodium distichum
	Winged Elm	Ulmus alata
	American Elm	Ulmus americana
	Cedar Elm	Ulmus crassifolia
	Chinese Elm	Ulmus parvifolia
	Lacebark Elm	Ulmus parvifolia
	Siberian Elm	Ulmus pumila
Ornamental Tree	River Birch	Betula nigra
	Red Buckeye	Aesculus pavia var. pavia
	Smoketree	Cotinus coggygria
	Wichita Blue Juniper	Juniperus scopulorum "Wichita Blue"
	Deciduous Magnolia	Magnolia Soulangeana
	Eve's Necklace	Sophora affinis
	Texas Mountain Laurel	Sophora secundiflora
	Vitex (Chastetree)	Vitex agnus-castus
	Eastern Redbud	Cercis canadensis
	Redbud	Cercis canadensis
	Desert Willow	Chilopsis linearis
	Dogwood	Cornus florida
	Possumhaw Holly	Ilex decidua
	Eastern Platka Holly	Ilex opaca
	Foster Holly	Ilex opaca #1 - #5
	Yaupon Holly	Ilex vomitoria
	Golden Raintree	Koelrutaria paniculata
	Crepe Myrtle	Lagerstroernia indica
	Flowering Crabapple	Malis Spp.
	Wax Myrtle	Myrica cerifera
	Afghan (Eldarica) Pine	Pinus eldarica
	Ornamental Plum	Prunus blireiana
	Cherry Laurel	Prunus caroliniana
	Purple Plum	Prunus cerasifera
	Mexican Plum	Prunus mexicana
	Callery Pear	Purus calleryana
	Flowering Pear	Purus calleryana
	Texas Sophora	Sophora affinis
	Chaste Tree	Vitex agnus-castus
Living Screen	Atlas Cedar	Cedrus atlantica "Manetti"
	Cross Vine	Bignonia capreolata
	Coral Honeysuckle	Lonicera sempervirens
	Chinese Wisteria	Wisteria sinensis
	Deordar Cedar	Cedrus deodara
	Crytomeria	Cryptomeria japonica
	Leyland Cypress	Cupressocyparis leylandi
	NRS Holly	Ilex aquifolium
	Burford Holly	Ilex cornuta "burfordii"
	Tree Form Holly	Ilex opaca AIT/Ilex perny
	Yaupon Holly	Ilex vomitoria
	Wax Myrtle	Myrica cerifera
	Mock Orange	Philadelphus sp.
	Fraser Photinia	Photinia xfraseri
	Afghan (Eldarica) Pine	Pinus eldarica
	Cherry Laurel	Prunus caroliniana
	Vitex	Vitex angus-castus
Shrubs	Abelia	Abelia sp.
	Butterfly Bush	Buddleia davidii
	Beauty Berry	Callicarpa americana
	False Aralia	Dizygotheca elegantissima
	Althea/Rose of Sharon	Hibiscus syriacus
	Oakleaf Hydrangea	Hydrangea quercifolia
	St. John's Wort	Hypericum spp.
	Dwarf Wax Myrtle	Myrica cerifera var. pumila (Myrica pusilla)
	Rosemary	Salvia rosmarinus
	Bridal Wreath Spirea	Spiraea prunifolia
	Anthony Waterer Spirea	Spiraea japonica "Anthony Waterer"
	Limemound Spirea	Spiraea japonica "Limemound"
	Bush Germander	Teucrium fruticans
	Eastern Snowball Viburnum	Viburnum opulus "Sterile"
	Rusty Blackhaw Viburnum	Viburnum rufidulum
	Barberry	Berberis sp.
	Japanese Boxwood	Buxus sp.
	Elaegnus	Eldesnus sp.
	Dwarf Yaupon	Flex vomituria "nana"
	Chinese Holly	Ilex cornuta
	Dwarf Burford Holly	Ilex cornuta "burfordii"
	Autumn Sage	Salvia greggii
	Texas Sage	Leucophyllum frutescens
	Nandina	Nandina domestica
	Fraser Photinia	Photinia xfraseri

 

   4.02.   Screening Standards.

      A.   Purpose. Standards set forth in this subsection 4.02 establish the screening requirements for the various land uses and zoning districts.

      B.   Applicability.

         1.   This subsection 4.02 applies to the following:

            a.   All new nonresidential use development or outside storage at the time an application for a building permit or site plan is submitted for approval.

            b.   All residential use development listed in subsection 4.02.C.2 below at the time of plat approval.

         2.   Properties in the Downtown Core Overlay and Downtown Transition District are exempt from the standards of this subsection 4.02.

      C.   General requirements.

   Table 10: Screening Requirements (Section Reference)

Subsection Number	Subsection Title
4.02.C.1	Screening required between nonresidential uses and residential uses
4.02.C.2	Screening required along perimeter of residential uses
4.02.C.3	Screening required between outside storage areas and other uses
4.02.C.4	Responsibility for constructing the screening wall
4.02.C.5	Screening walls for loading docks
4.02.C.6	Screening wall required materials and maintenance
4.02.C.7	Mechanical equipment screening requirements for nonresidential properties
4.02.C.8	Screening of outdoor waste storage

 

         1.   Screening required between nonresidential uses and residential uses.

            a.   A masonry screening wall is required for all new nonresidential use developments that abut or share a property line with any SF or MF zoning district.

            b.   The required masonry screening wall must be six feet to eight feet in height unless otherwise specified in this subsection 4.02 or unless approved by a planned development or specific use permit.

            c.   In lieu of screening required in this subsection 4.02, the Zoning Administrator may waive the requirement for screening between a nonresidential use development and a SF or MF zoning district if any of the following conditions are present:

               (1)   An existing natural or manmade screen effectively provides the same level of screening as an opaque wall;

               (2)   The nonresidential and residential properties are separated by an alley; or

               (3)   If the existing screen is unbroken and generally parallel to a creek, railroad or high-tension power line easement, or right-of-way.

         2.   Screening required along perimeter of residential uses.

            a.   A masonry screening wall is required for all single-family detached residential, duplex, and townhome developments where the rear yard of two or more lots abuts a roadway with a classification of collector, arterial, or freeway.

            b.   Each section of required screening wall described in subsection a above must be six feet to eight feet in height and utilize a horizontal offset of at least 18 inches every 100 to 200 linear feet to allow for a meandering sidewalk and to avoid a monolithic appearance.

            c.   The wall must be placed within a maintenance easement or separate lot sufficient to contain the wall footings and provide at least four feet of access room on both sides.

         3.   Screening required between outside storage areas and other uses. A masonry screening wall is required around the perimeter of all new outside storage areas in accordance with subsection 3.04.B.19.b.

         4.   Responsibility for constructing the screening wall.

            a.   When a new nonresidential use development or outside storage abuts the property line of an existing development and screening is required by this subsection 4.02, the developer of the new construction is responsible for erecting any required screening wall adjacent to the common property line with the existing development.

            b.   When a residential use is constructed and screening is required, the screening must be in place before any infrastructure is accepted by the city or before the final plat is recorded with the county.

            c.   The screening wall must be constructed along the entire shared portion of the common property line or right-of-way line, as applicable.

            d.   The design and construction material of the screening wall must be as specified in subsection 4.02.C.6.

         5.   Screening walls for loading docks.

            a.   Nonresidential uses with loading docks or delivery entrances that front a collector or arterial street shall be screened by a masonry screening wall that is a minimum six feet in height to obscure views of loading docks and loading spaces.

            b.   Loading docks and delivery entrances within the CI, Commercial/Industrial Flex District are exempt from the requirements of subsection 4.02.C.5.a.

            c.   The following standards apply if service or loading dock areas are adjacent to residential uses:

               (1)   Loading docks shall be screened with a masonry screening wall that is a minimum of eight feet in height along the property line shared with the residential use.

               (2)   The wall must screen the entire loading dock or space from the residential use.

               (3)   Screening materials for walls attached to a building shall utilize similar materials to the building's façades. Freestanding walls must follow subsection 4.02.C.6.

         6.   Screening wall required materials and maintenance.

            a.   Any screening wall installed pursuant to this subsection 4.02 must be constructed of one or more of the following materials:

               (1)   Brick, stone, or split-face concrete masonry unit; or

               (2)   Pre-cast concrete wall or poured-in-place concrete wall or split-face concrete masonry unit (CMU) with a similar appearance as brick or natural stone.

            b.   All screening wall construction materials must match the principal building on the same lot or be finished in coordinated earth-tones, which may include red brick.

            c.   Screening walls attached to buildings must match the material, pattern, and color of the building.

            d.   Natural or decorative variations in color or pattern are permitted such as mottled brick or variations resulting from the use or imitation of natural materials such as granite or limestone.

            e.   Screening walls abutting a residential use development, whether utilized as screening between uses or screening from the right-of-way, must be constructed with a continuous concrete footing with mow strip and utilize a galvanized steel support hanger under each panel to prevent panel failure or buckling.

            f.   Any wall that experiences subsidence, buckling, or other damage resulting in the wall deflecting more than three degrees off of center must be repaired or replaced by the owner of the property containing the wall or the owner responsible for its construction.

         7.   Mechanical equipment screening requirements for nonresidential properties.

            a.   General.

               (1)   In all new nonresidential use and multi-family development, all mechanical equipment mounted on the ground or the roof and exceeding three feet in height must be screened from view of any right-of-way or property zoned SF.

               (2)   The location, construction, and screening of all mechanical equipment must be shown on the site plan or design drawings submitted for building permit review.

            b.   Ground-mounted mechanical equipment.

               (1)   Ground-mounted mechanical equipment exceeding three feet in height must be placed behind a screening wall, vegetative screen, or combination equal to or greater than the height of the tallest unit up to a maximum of eight feet.

               (2)   A screening wall must be constructed of masonry materials conforming to subsection 4.02.C.6.

            c.   Roof-mounted mechanical equipment.

               (1)   Roof-mounted mechanical equipment must be screened from view with a parapet wall, mansard roof or alternative architectural element.

               (2)   The height of the screening element must be equal to or greater than the height of the mechanical unit(s).

               (3)   If the mechanical unit exceeds six feet in height, an additional roof setback for the unit shall be required at a ratio of two horizontal feet for each additional one foot of vertical height above the maximum six feet.

               (4)   Screening for mechanical equipment applies to new building construction or an expansion of an existing building.

         8.   Screening of outdoor waste storage.

            a.   General.

               (1)   Waste storage areas housing refuse containers, dumpsters, compactors, and similar facilities must be constructed in the side or rear of a lot.

               (2)   Waste storage areas are prohibited within required side or rear yard setbacks.

               (3)   Waste storage areas are prohibited within required landscape buffers (see subsection 4.01.C.1.e).

               (4)   The location, construction and screening of all waste storage areas must be shown on the site plan.

            b.   Screening required.

               (1)   Refuse containers, trash dumpsters, trash compactors, box compactors, and other similar facilities must be screened on three sides with a masonry screening wall a minimum of one foot in height above the container height, but not exceeding eight feet in height.

               (2)   If the side of the enclosure used for access is visible from a public right-of-way or is associated with a restaurant, it must be screened with a rust-resistant metal gate that screens the interior of the enclosure from view when the contents of the enclosure are not being accessed.

               (3)   The screening wall must meet the materials requirements of subsection 4.02.C.6.

      D.   Screening standards for manufactured housing. The requirements of this subsection 4.02.D apply to all new or expanded mobile home parks, trailer parks, trailer courts, or trailer subdivisions or manufactured housing.

         1.   Mobile home parks, trailer parks, trailer courts, or trailer subdivisions are required to be screened along any public street with a designation of freeway, arterial, or collector by an opaque screening wall at least six feet in height and constructed of brick, stone, or concrete panel with decorative reveals.

         2.   Individual manufactured housing units must have skirting or screening around the entire perimeter of the unit that obscures any piers, wheels, or other structural supporting elements as well as any plumbing components. Unit screening shall match the exterior material, finish, and color of the body of the unit so that the unit appears to be flush with the ground.

   4.03.   Parking Standards.

      A.   Parking dimensions and surfaces.

         1.   Purpose. The purpose of this subsection 4.03 is to ensure that all development provides off-street parking that is adequate to prevent congestion in the streets or adverse impacts to neighboring properties.

         2.   Applicability.

   Table 11: Parking Regulations (Section Reference)

 

Subsection Number	Subsection Heading
4.03.A	Parking dimensions and surfaces
4.03.C	Loading spaces
4.03.D	Maximum parking surface area in SF Districts
4.03.E	Heavy load vehicle parking
4.03.F	RV parking in sf districts

 

            a.   This subsection 4.03 applies to all new development at the time an application for a building permit or site plan is submitted for approval.

            b.   All residential uses and nonresidential uses must provide parking at the rate appearing beside the use in the Use Chart (see subsection 3.03).

            c.   Properties within the Downtown Core District (see subsection 4.06.D) are exempt from minimum off-street parking standards.

            d.   Properties within the Downtown Transition District (see subsection 4.06.E) are required to park at one-half the rate of the minimum parking requirements shown in the Use Chart.

            e.   Parking voluntarily provided and not required by this Zoning Ordinance must still comply with all regulations applicable to required parking.

         3.   Computation of parking space requirements.

            a.   Parking calculations are based on the net floor area of the principal use.

            b.   If there is more than one principal use on the same lot, parking is calculated based on the combined net floor area of all principal uses.

         4.   Shared parking.

            a.   Shared parking under this subsection 4.03.A.4 must meet the intent of this subsection 4.03 by providing adequate parking for all authorized uses within each development subject to the shared parking agreement.

            b.   Shared parking is intended to allow uses with different peak demands for parking to share parking spaces for the purpose of conserving land and reducing stormwater runoff and heat island effect.

            c.   The Zoning Administrator may approve a shared parking plan that provides for the following:

               (1)   The shared spaces will be available as long as each use is in operation;

               (2)   The peak hours of parking demand for each use will not coincide unless adequate parking is provided to account for periods of overlapping peak demand;

               (3)   The applicant for a shared parking plan must submit a technical justification for the shared parking as approved by the Zoning Administrator.

               (4)   The spaces provided must be based on the highest combined demand period for all uses.

               (5)   Parking spaces used under a shared parking plan must be within 500 feet of the nearest public entrance for each use.

               (6)   The agreement must be memorialized on an instrument filed in Johnson County Records with a copy of the filed agreement provided to the city before issuance of a certificate of occupancy.

         5.   Parking dimensions.

            a.   Parking spaces that allow for a vehicle to overhang a curb must measure at least nine feet wide by 18 feet deep.

            b.   Curbs and wheel stops must be designed to allow no more than 18 inches of overhang onto sidewalks and landscape buffers and islands.

            c.   Required parking spaces in both commercial and residential developments that do not allow for a vehicle to overhang a curb (such as spaces that abut walls or fences, two spaces that face each other, or single-family detached residential and duplex driveway parking spaces) must measure at least nine feet wide by 20 feet deep.

            d.   Accessible parking spaces must meet Americans with Disabilities Act (ADA) standards for accessible spaces (as amended).

            e.   Sidewalks and access aisles must maintain ADA required minimum widths at all times, regardless of whether the sidewalk or access aisle is adjacent to an accessible parking space.

   Table 12: Minimum Dimensions by Parking Configuration

 

Angle	Stall Width	Stall to Curb	Stall Curb Width	Aisle Width		Curb Overhang
In degrees		In feet		1 way	2 way	In feet
0°/Parallel	10'	10'	22'	12'	18'	0
30°	9'	17.5'	18'	12'	18'	1'
45°	9'	20'	12.5'	12'	20'	1.4'
60°	9'	20.5'	10.5'	18'	20'	1.7'
90°	9'	18'	9'	22'	24'	2'

 

         6.   Approved parking configurations are shown in Figure 20: Standard Parking Configurations. The dimensions listed in Table 12: Minimum Dimensions by Parking Configuration are the minimum required dimensions. Drive aisles that function as fire lanes may require greater dimensions as determined by the Fire Marshal.

      B.   Stacking spaces.

         1.   Purpose. Stacking spaces provide room for vehicles to queue before receiving a service, such as services rendered by drive-thru or drive-in uses.

         2.   Applicability.

            a.   Stacking spaces are required for all new uses listed in Table 13: Required Stacking Spaces by Use, including the conversion of an existing building that does not require stacking space to one of the uses listed in Table 13.

            b.   The Zoning Administrator may approve a reduction in stacking spaces for a child care facility (day-care center) if the reduction will not cause stacking in the public right-of-way.

         3.   General standards.

            a.   All required stacking spaces must be situated entirely outside the right-of-way and any designated fire lane or driveway.

            b.   Stacking spaces must not overhang any sidewalk or pedestrian path.

            c.   The minimum dimensions of a stacking space are nine feet by 18 feet with a vertical clearance of at least ten feet.

   Table 13: Required Stacking Spaces by Use

 

Approved Land Use	Minimum Required Stacking Spaces
Bank or financial institution	2 spaces per lane
Restaurant or cafeteria, with drive-thru	6 spaces from pick up window (min. 4 from order point if different from pick up window)
Drive-thru or drive-in uses	3 spaces per window
Car wash, full service	3 spaces per wash bay
School, K-12	1 space per 10 students

 

            d.   Surface material.

               (1)   All areas within the city that are used for the parking of motor vehicles, including access driveways and stacking spaces, shall be paved with impervious surface materials and shall be constructed with reinforced concrete or asphalt.

               (2)   Areas used for emergency access, as fire lanes, or as loading spaces must be capable of supporting 75,000 pounds or the minimum specified in the city's adopted fire code.

            e.   Parking lot maintenance.

               (1)   Each owner of property developed as nonresidential use or residential use, including property used as parking (principal use), is responsible for maintaining the condition of all parking areas on the property, regardless of whether the parking areas are accessible to the public.

               (2)   Maintenance includes repairing of potholes and pavement failures, repairs to prevent ponding or standing water, sealing cracks and joint failures, and removal of trash and weeds.

               (3)   Parking areas other than those used for single-family detached residential and duplex must maintain contrasting striping marking the boundaries of each parking space.

            f.   Parking for new and unlisted uses. The Zoning Administrator will determine the parking rate that applies to any use not listed in the Use Chart (see subsection 3.02 Classification of New and Unlisted Uses).

            g.   Relief from parking requirements. The City Council may approve up to a 20% reduction in parking requirements if the Council finds that the reduction will not cause or increase congestion in the public right-of-way or negatively impact adjacent property owners.

      C.   Loading spaces.

         1.   Each loading space must be a minimum of ten feet wide by 25 feet long and must have a vertical clearance of at least 14 feet.

         2.   Loading spaces are required according to Table 14: Required Loading Spaces by Floor Area.

   Table 14: Required Loading Spaces by Floor Area

 

Building Floor Area	Required Loading Spaces
0 to 10,000 sq. ft.	0
Over 10,000 to 50,000 sq. ft.	1
Over 50,000 sq. ft.	2 plus 1 space per additional 100,000 square feet of floor area

 

         3.   Loading spaces may not be located within 20 feet of any property zoned SF or MF.

         4.   No loading space shall be situated within a fire lane.

         5.   Nonconforming uses permitted to continue must provide off-street loading spaces with access and maneuvering space adequate to prevent loading and unloading within the street.

      D.   Maximum parking surface area in SF Districts.

         1.   Any property with a garage must have a paved driveway leading from the street to the garage that is equivalent in width to the garage openings. The driveway may be reduced in width to eight feet at the right-of-way line.

         2.   The total paved area of a driveway providing access to a property zoned SF may not consume more than 50% of the front yard.

         3.   In addition to driveway width required in subsection 4.03.D, properties zoned SF are allowed one additional parking space measuring no more than eight feet in width. The additional space must utilize the same surface as the existing driveway.

         4.   The Zoning Administrator may approve a continuous circular driveway if it meets the following conditions:

            a.   The driveway connects directly to a street in two locations, and covers no more than 65% of the front yard; and

            b.   The width of the circular driveway does not exceed 50% of the minimum front yard setback.

         5.   If a deed restriction or private covenant imposes different standards for driveway layout or coverage than those established in this subsection , the stricter standard is deemed controlling.

      E.   Heavy load vehicle parking.

         1.   Other than the parking of recreation vehicles on lots developed as detached single-family use over 10,000 square feet (see subsection 4.03.F), heavy load vehicles are prohibited from parking in any district zoned SF, MF, MU, NC, LC, RC, or any PD with the same or similar underlying districts.

         2.   This restriction does not apply to heavy load vehicles that are conducting a delivery of products or goods to a property zoned MU or C or utilizing loadings spaces in accordance with subsection 4.03.C. Loading and unloading is prohibited within the public right-of-way.

         3.   Heavy load vehicles are prohibited within SF and MF districts except when used for moving or delivery of household items, such as moving trucks and vans and appliance delivery.

      F.   RV parking in SF Districts.

         1.   Purpose. The purpose of this subsection is to recognize that recreational vehicles (RVs) are generally incompatible with the scale and use of detached single-family residential properties and, if not properly screened from view and maintained, have the potential to cause adverse impacts on adjacent properties, including but not limited to the following:

            a.   By reducing the area that can be used for parking personal automobiles and light trucks, thereby forcing those vehicles to encroach over the sidewalk or park in the street;

            b.   By damaging ground surfaces and causing standing water during rain events; and

            c.   By creating a visual nuisance that diminishes property values when the RV is not properly stored, maintained, and protected from the elements.

         2.   Conditions for parking or storing RVs in SF Districts. Parking or storage of any RV, whether a trailer or self-propelled that qualifies as a heavy load vehicle or exceeds 26 feet or 16,000 pounds gross vehicle weight rating (GVWR) is prohibited in an SF District unless the RV is parked or stored in conformance with this subsection 4.03.F.

            a.   The property on which the RV is stored must be a minimum of 10,000 square feet in size.

            b.   No more than one RV is allowed on a lot.

            c.   When not being prepared for use or storage, the RV must remain parked on a concrete or asphalt pad capable of withstanding both the static and live load of the RV.

            d.   The parking pad and the RV must be located according to the following:

               (1)   At least 35 feet from the front right-of-way line or behind the rearmost portion of the front-facing façade of the house;

               (2)   At least 20 feet from the side right-of-way line on a corner lot;

               (3)   At least seven feet from any abutting side or rear lot line shared with a property zoned SF;

               (4)   Trees and overhead powerlines must be maintained to avoid touching the top of the RV.

            e.   Any carport or structure used to cover or enclose the RV must maintain the same setbacks listed for a parking pad and may not exceed the maximum height allowed for an accessory building.

            f.   A carport or structure used to cover or enclose an RV is considered an accessory building for the purpose of calculating lot coverage and maximum square footage of accessory buildings under subsection 3.08.

   4.04.   Lighting Standards.

      A.   Purpose. The purpose of this subsection is to:

         1.   Reduce the problems created by improperly designed and installed outdoor lighting;

         2.   Reduce problems of glare on operators of motor vehicles, pedestrians and land uses;

         3.   Minimize light trespass;

         4.   Reduce the energy and financial costs of outdoor lighting by establishing regulations limiting the area that certain kinds of outdoor lighting fixtures can illuminate; and

         5.   Preserve the night sky as a natural resource.

      B.   Applicability.

         1.   This subsection 4.04 to all new lighting fixtures or replacement of existing lighting fixtures except those exempted in subsection 4.04.D.

         2.   The Building Official may require that an applicant submit evidence that lighting installed per an approved building permit complies with this subsection.

         3.   Upon receiving a complaint related to lighting performance under this subsection, the Building Official or other authorized agent of the city may use any lawful means to measure light output from the source of the fixture or fixtures that are the subject of the complaint. If light output is found to exceed that authorized in this subsection, the Building Official or other authorized agent of the city may issue notice to abate to the owner of the property containing the fixture in question.

      C.   General requirements. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this subsection 4.04.

         1.   Buffer areas and required setback areas. Light sources or luminaires within buffer areas (see subsection 4.01.C.1.b and subsection 4.01.C.1.e), within required setback yard areas (see subsection 2.05 Dimensional Standards Table), and on pedestrian walkways and hike and bike trails must be full-cutoff type fixtures (see Figure 21: Lighting Fixture Types).

         2.   Shielded light source required.

            a.   All luminaires located on properties that are nonresidential use must be designed to completely shield bulbs from direct view of at a point three feet above grade on the lot line abutting a residential use property.

            b.   See Figure 21: Lighting Fixture Types for examples.

         3.   Light trespass limitation. All luminaires located on private property must be designed or positioned to achieve the following:

            a.   The maximum illumination at any common property line with an SF zoned property does not exceed one-quarter foot-candle; and

            b.   The maximum illumination does not exceed one-half foot-candle adjacent to a street right-of-way.

         4.   Canopy lighting.

            a.   Lighting recessed for canopies covering gasoline or diesel passenger vehicle filling or service stations, gasoline or diesel truck filling or service station, and drive-thru or drive-in uses must be directed so that it does not illuminate abutting properties.

            b.   Luminaires and bulbs used in canopies that are accessory to the uses in subsection 4.04.C.4 must be completely shielded from direct view at a point five feet above the ground as measured at the property line or a street right-of-way.

         5.   Wall or roof lighting.

            a.   Wall or roof lighting in districts other than SF may be used to illuminate pedestrian walkways, entrance areas and yard areas within 30 feet of the building envelope.

            b.   Wall lighting must be angled to avoid glare as seen from abutting properties or the public right-of-way.

            c.   For lighting in SF Districts, see subsection 4.04.D.2.

         6.   Open area used for motor vehicle parking, storage, or access.

            a.   Any open area used for motor vehicle parking, storage, or access may be illuminated with freestanding luminaires.

            b.   Freestanding luminaires are permitted to be a maximum of 30 feet in height.

            c.   When a luminary is located within 100 feet of a property zoned SF or MF the maximum permitted luminaires height shall be 20 feet.

            d.   All luminaires must have a cutoff angle equal to or less than 90 degrees (see Figure 21: Lighting Fixture Types).

            e.   The use of exterior lighting with a cutoff angle greater than 90 degrees is permitted only when the Building Official finds the following:

               (1)   That the proposed lighting is not in conflict with the stated purpose;

               (2)   That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and

               (3)   The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

         7.   Signs. Externally illuminated signs, advertising displays, building identification, and monument signs must comply with § 156.35 of the Code of Ordinances.

         8.   Buildings, architectural features, flags, and monuments. Building façades, architectural features of buildings, flags, and monuments may be illuminated under the following conditions:

            a.   Fixtures are equipped with shields and are located in a way that limits the fixture's direct light distribution to the façade or feature being illuminated;

            b.   The configuration of the light installation blocks all direct light from the fixture as viewed from any other property; and

            c.   The maximum luminance of any surface does not exceed the foot-candles specified in Table 15: Maximum Illumination between Properties.

         9.   Prohibited fixtures.

            a.   "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors shall be prohibited.

            b.   Flickering or flashing lights shall be prohibited.

         10.   Illumination.

            a.   Intensity of illumination.

               (1)   The intensity of illumination projected from one property across an abutting property line shall not exceed the intensity shown for the zoning district of the abutting property in Table 15: Maximum Illumination between Properties.

               (2)   Any overlay district shown in Table 15: Maximum Illumination Between Properties determines the maximum allowable intensity of illumination at the property line for all properties within the overlay. If an overlay is not listed, the underlying zoning district determines the allowable intensity.

   Table 15: Maximum Illumination Between Properties

 

Underlying Zoning of Adjacent Property	Foot-Candles Horizontal	Foot-Candles Vertical
A, Agricultural District SF-6, Single-Family Dwelling District SF-7, Single-Family Dwelling District SF-10, Single-Family Dwelling District SF-20, Single-Family Dwelling District	0.2	0.5
MF-1, Medium-Density Residential District MF-2, High-Density Residential District	0.5	0.5
NC, Neighborhood Commercial District LC, Local Commercial District RC, Regional Commercial District MU, Mixed Use District CI, Commercial/Industrial Flex District At the boundary of right-of-way or streets	3.0	3.0
CS, Cleburne Station Overlay DTC, Downtown Core Overlay I, Industrial District	5.0	5.0

 

            b.   Maximum outdoor illumination level. The maximum computed or measured outdoor illumination level on a property shall not exceed 20 foot-candles outdoors at any point, except that lighting under canopies (such as for service stations) shall not exceed 30 foot-candles.

            c.   Measurement of illumination.

               (1)   Meter required.

                  (a)   Lighting levels of outdoor lighting shall be measured in foot-candles with a direct-reading portable light meter with a color and cosine corrected sensor with multiple scales.

                  (b)   Reading accuracy should be within plus or minus 5%.

                  (c)   The meter shall be tested and calibrated by an independent commercial photometric laboratory or manufacturer within one year of date of use as attested to by a certificate issued by such laboratory.

               (2)   Horizontal method of measurement.

                  (a)   The meter sensor shall be mounted not more than six inches above ground level in a horizontal position.

                  (b)   Readings shall be taken only after the cell has been exposed to provide a constant reading.

                  (c)   Measurements shall be made when the meteorological optical range is six miles or further so that measurements will not be adversely affected by atmospheric scatter.

                  (d)   Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off.

                  (e)   This procedure eliminates the effects of moonlight and other ambient light.

                  (f)   The difference between the two readings shall be compared to the foot-candle ratings listed in subsection 4.04.C.10.

               (3)   Vertical method of measurement.

                  (a)   The meter sensor shall be mounted at five feet above ground level in a vertical position, perpendicular to the property line and facing the outdoor lighting in question.

                  (b)   Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off.

                  (c)   This procedure eliminates the effects of moonlight and other ambient light.

                  (d)   The difference between the two readings shall be compared to the foot-candle ratings listed in subsection 4.04.C.10.

      D.   Exemptions. The following are exempt from the standards contained in this subsection 4.04:

         1.   Decorative seasonal lighting.

         2.   Residential use dwellings.

            a.   Decorative or entryway lighting. The maximum lighting level at the property line may exceed the maximum shown in Table 15 if the luminaire meets one or both of the following:

               (1)   Individual lamps have a luminosity of less than 300 lumens; or

               (2)   A cutoff component is incorporated into the design of the luminaire that prevents the bulb from being viewed from the property line or the right-of-way.

            b.   Security lighting or floodlighting. The maximum lighting level at the property line may exceed the maximum shown in Table 15 if the luminaire meets all of the following:

               (1)   The lamp is automatically activated and deactivated by a motion sensor;

               (2)   The lamp is not on for a continuous period of more than ten minutes before automatically deactivating; and

               (3)   Lighting produced by the luminaire does not exceed 2,500 lumens.

         3.   Temporary emergency lighting. Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all vehicular luminaires.

         4.   Hazard warnings. Hazard warning luminaires pursuant to exercise of federal and state regulatory authority.

         5.   Recreational uses.

            a.   Because of its unique requirement for nighttime visibility and their limited hours of operations, a play field or stadium is exempted from the general standards of this subsection 4.04.

            b.   Lighting for a play field or stadium must be shielded to minimize light and glare from visible from a property zoned SF or MF.

            c.   If the illuminance caused by the play field or stadium will exceed the maximum allowed in Table 15: Maximum Illumination Between Properties at the property line shared with the property zoned SF or MF, the applicant for the play field or stadium must plant a continuous living screen reaching ten feet in height at maturity along any property line shared with a property zoned SF or MF.

         6.   Public street or sidewalk projects. The city may vary from the requirements of this subsection 4.04 as part of the approval of public street or sidewalk projects.

   4.05.   Design Standards.

Table 16: Design Standards (Subsection References)

 

Subsection Number	Subsection Title
4.05.A	Exterior building features, finishes, and design
4.05.B	Residential use design requirements
4.05.C	Building height and design for single-family and duplex adjacency
4.05.D	Nonresidential use design requirements

 

      A.   Exterior building features, finishes, and design.

         1.   Purpose and intent.

            a.   The purpose of establishing standards for building appearance and design is to protect the value of existing properties by ensuring that all new or reconstructed buildings are designed and built to minimum standards of quality and appearance.

            b.   This subsection 4.05 is not intended to dictate the design or architectural style of any building or to unreasonably or capriciously add to the cost of construction.

            c.   Where questions of interpretation of this subsection 4.05 arise, the Zoning Administrator will interpret this subsection in a manner consistent with state statute.

         2.   Applicability.

            a.   This subsection 4.05.A applies to all principal buildings or principal uses located outside of an overlay listed in this subsection 4.05.A.

            b.   If the use is exempted from the overlay standards, this subsection 4.05.A applies.

            c.   The city may require execution of a development agreement between the developer and the city if the developer requests exceptions to the requirements of this subsection 4.05.A.

         3.   Definition of materials. As used in this subsection 4.05.A, the following terms have the meaning assigned below:

            a.   Class 1 building materials.

               (1)   Brick or stone stacked and mortared in place (stone means granite, limestone, marble, or other naturally-occurring stone);

               (2)   Glazed ceramic or porcelain tile;

               (3)   Stucco consisting of exterior Portland cement, hand-applied in three coats to a minimum thickness of three-quarters of an inch;

               (4)   Concrete tilt-wall or other concrete finish technique up to 80% of a building's overall façade;

               (5)   Fiber cement panel or board (such as "Hardie" board).

            b.   Class 2 building materials.

               (1)   Synthetic stucco or EIFS (Exterior Insulation and Finish Systems);

               (2)   Concrete masonry unit (CMU) with split-faced finish and embedded or natural color derived from exposed aggregate;

               (3)   Treated and weatherproofed architectural metal siding or panel including painted steel, aluminum, cast iron, bronze, and copper;

               (4)   Treated and weatherproofed wood siding or panel;

               (5)   Applied brick or stone;

               (6)   Structural curtain wall or storefront glass system.

            c.   Materials not included. Any material not explicitly listed above is not considered a Class 1 or Class 2 building material including, but not limited to, the following:

               (1)   Masonite siding;

               (2)   Unfinished or unsealed wood siding or panel;

               (3)   Unfinished or bare galvanized metal siding or panel;

               (4)   Smooth-faced or painted CMU block;

               (5)   Standard roof covering materials or roof shingles, except as used in a mansard roof.

            d.   Standard windows and doors. The percentage of building material coverage applied in this subsection 4.05 excludes doors and standard, non-structural windows (e.g., windows that are not curtain wall or storefront windows).

      B.   Residential use design requirements.

         1.   Single-family detached residential and duplex required building materials.

            a.   All single-family detached residential and duplex dwellings shall consist of at least 70% Class 1 building materials based on the total exterior surface of all façades.

            b.   The remainder of the exterior surface shall consist of Class 2 building materials.

            c.   The minimum required roof pitch above any garage or conditioned space is 2:12.

            d.   Repeated or reversed elevations within any cluster of four or fewer houses (i.e., "cookie cutter" approach) are prohibited.

         2.   Garage orientation options.

            a.   In addition to the minimum parking spaces required in subsection 3.03 Use Chart, all single-family detached residential and duplex uses are required to provide at least two fully enclosed garage spaces per unit that generally conform to one of the following configurations:

               (1)   Front entry orientation.

               (2)   Side entry configuration. In instances where a corner lot utilizes a side entry garage configuration from the exterior (street) yard, the Zoning Administrator may authorize a reduction of the interior side yard setback by no more than two feet in order to accommodate the minimum parking dimension required in subsection 4.03.A.5.c. In no instance shall a single-family detached unit or duplex interior side yard setback be reduced below five feet.

               (3)   Rear or detached configuration.

            b.   Additional garage design standards.

               (1)   Garages that face or are visible from the street must provide a row of windows along the upper half of the door or a stained or painted finish that complements the colors, materials, and trim used on the house.

               (2)   Front-facing garages such as those shown in Figure 22: Front Entry Garage Types must provide a minimum of 24 linear feet of driveway between the face of the garage and the right-of-way line to prevent vehicles from overhanging an existing or future sidewalk.

               (3)   The minimum width of driveway leading to a front entry garage must equal the width of the garage opening.

               (4)   A driveway leading to garage types other than front entry garages must provide a minimum of ten feet of width between the right-of-way line and where the driveway curves toward the garage as shown in Figure 25: Required Vehicle Maneuvering Area.

               (5)   Garages that are oriented perpendicular to the street must conform to the dimensions shown in Figure 25: Required Vehicle Maneuvering Area.

         3.   Allowance for carports in single-family detached residential or duplex areas. Single-family detached residential or duplex dwellings may be granted an exception to the requirement to provide enclosed parking spaces, and may construct a carport of equivalent size to cover up to two vehicles on a 12 feet by 24 feet concrete or asphalt parking pad under the following conditions:

            a.   More than 50% of single-family detached residential or duplex houses on the same block do not have enclosed garages;

            b.   The parking pad is connected to the street by a paved driveway;

            c.   The entire carport is at least five feet from any right-of-way line, other than eave projection of up to 12 inches;

            d.   The height of the carport does not exceed the maximum allowable height per the applicable zoning district, with an opening no less than eight feet in height to allow for vehicle access; and

            e.   The carport is either:

               (1)   Sited completely behind the front face of the principal building; or

               (2)   Finished in materials and colors that match the principal building.

         4.   Single-family detached residential and duplex design feature elements. Every single-family detached residential and duplex dwelling unit must provide at least five of the following elements on each primary façade or any front façade as specified:

            a.   Front wall articulation providing an offset of at least 10% of the wall height every 15 linear feet;

            b.   One hundred percent Class 1 building materials on any side of the dwelling visible from a public or private street;

            c.   Use of decorative window features such as raised muntins or colored glass (not painted or laminated) on at least 50% of front façade windows;

            d.   Upgraded driveway surface (i.e., salt finish, exposed aggregate, brick or stone paver, concrete with stain mixed in (not applied), permeable concrete or pavers, or similar);

            e.   Architectural focal point such as a chimney, tower, window pattern (must utilize windows covering 10% or more of the front or side elevation);

            f.   Supportive or structural columns (not pilasters) measuring at least six inches in width and extending at least eight feet in height on the same elevation;

            g.   One or more bay windows measuring at least 40 square feet each in total window surface;

            h.   Stone accent covering at least 20% of one or more elevations;

            i.   Covered front or side porch at least eight feet in depth and extending at least 25% of the length of the front façade;

            j.   Full-width window shutters on two or more windows, provided shutters are made of treated or painted cedar or cementitious fiber;

            k.   Eight-foot height front door;

            l.   Double front doors;

            m.   Arched entryway with molded accent in a contrasting color;

            n.   Two or more dormer windows on a second floor;

            o.   Three or more decorative brackets on one elevation;

            p.   Upgraded roof material, such as barrel tile;

            q.   Window side lights on one or both sides of the front door and extending at least half the height of the door;

            r.   At least two accent lighting fixtures;

            s.   Increase in landscaping in the front or side yard equaling at least 50% more than the minimum required;

            t.   Roof eaves extending more than eight inches on all primary roof surfaces;

            u.   One or more exposed rafter tails extending at least four inches from the front façade of the house;

            v.   Decorative banding or molding along 75% or more of the front and sides of a dwelling;

            w.   Soldier course or row lock along all windows and garage doors on one or more elevations;

            x.   Side or rear entry garage where the face of the garage is located entirely behind the front plane of the house;

            y.   Decorative brick pattern (i.e., herringbone, basketweave) covering 15% or more of the front façade;

            z.   Corner features, projections, or contrasting quoins on all street-facing elevations;

            aa.   Transom window over a front entryway extending the width of the front door and any sidelights on one or both sides of the front door.

         5.   Alternative compliance for single-family and duplex design requirements. A request for alternative compliance may be submitted and acted upon in accordance with subsection 5.03 Alternative Compliance. The Zoning Administrator may approve alternative design feature elements or a roof pitch that is less than the required minimum for one single-family lot, based upon finding that the proposed alternative meets the following:

            a.   The alternative design feature is, at a minimum, equivalent to and meets the spirit and intent of subsection 4.05 Design Standards:

            b.   The one-lot development is not being developed in conjunction with a new subdivision; and

            c.   Any alternatives will, in the determination of the Zoning Administrator, produce a similar or greater level of quality than the elements required by subsection 4.05 Design Standards.

         6.   Multi-family required building materials.

            a.   All multi-family buildings shall consist of at least 80% Class 1 building materials based on the total exterior surface of all façades.

            b.   The remainder of the exterior surface shall consist of Class 2 building materials.

         7.   Multi-family required design elements.

            a.   All multi-family buildings are required to conceal stairwells and corridors internally within the exterior building façade.

            b.   At least 25% of required parking for multi-family buildings must be covered by an enclosed garage or carport constructed of materials similar to the principal building.

            c.   All multi-family buildings must provide at least three of the following features for buildings with eight or fewer dwellings and five of the following features for buildings with more than eight units:

               (1)   Balconies with at least four feet of depth on all units.

               (2)   Covered parking located behind the building.

               (3)   Additional landscaping covering at least 5% of the gross lot acreage.

               (4)   Twenty percent stone accent.

               (5)   Primary façade articulation providing an offset of at least 10% of the wall height every 15 linear feet.

               (6)   Roof cornice projections of at least three feet on all primary façades.

               (7)   Private yards measuring at least 50 square feet on all ground floor units.

               (8)   Corner elements such as towers, rounded edges, contrasting materials or colors on at least two building corners.

               (9)   First floor walkouts providing direct access to units from the street.

         8.   Residential open space requirements.

            a.   A residential use that consists of 100 or more units, dwellings, or lots must dedicate one acre of open space per 60 units and must create homeowners' or property owners' association to maintain the open space prior to recording the final plat.

            b.   The calculation of open space is prorated to the number of units, dwellings, or lots (e.g., if a development contains 100 lots, the required open space is 100 x .0167 = 1.67 acres; if a development contains 175 lots, the required open space is 175 x .0167 = 2.92 acres).

            c.   If privately owned open space is not proposed for the residential development, the developer may request to dedicate parkland or pay a fee-in-lieu of parkland as outlined in subsection 4.05.B.9.f.

            d.   Privately owned open space must contain at least five features from the following list, including at least one feature from each category and make all features available to every unit in the development or subdivision:

               (1)   Passive recreation features.

                  (a)   A minimum of one linear mile of trail six feet or greater in width that does not loop, provided each end is accessible to a street, or a minimum of one half mile of trail that does loop and consists of a concrete or decomposed granite surface with at least one seating area and trash receptacle every 1,000 feet (see Figure 26);

                  (b)   A permanent water feature or amenity consisting of a retention pond, lake, lagoon, fishing pier, boat dock, or similar feature;

                  (c)   Open lawn consisting of generally flat and uninterrupted terrain;

                  (d)   Preservation of at least 25% of the existing tree canopy.

               (2)   Active recreation features.

                  (a)   A swimming pool with a minimum depth of four feet;

                  (b)   A clubhouse providing an indoor workout and fitness facility or lounge area;

                  (c)   Outdoor recreation features such as golf, frisbee golf, volleyball court, basketball court, grills, and picnic areas;

                  (d)   Playground with equipment accessible to children of all abilities;

                  (e)   Large and small dog parks with pet watering stations.

            e.   Criteria for amenity construction.

               (1)   Areas reserved for common amenities must be shown on the preliminary and final plat for each phase of a subdivision as a common area lot.

               (2)   At a minimum, one acre of amenities must be constructed with the first residential phase (e.g., if a development or subdivision consists of 250 lots at ultimate buildout according to the preliminary plat, and phase one consists of 75 lots, phase one requires one acre of amenities; all remaining phases may provide open space prorated to one acre per 60 units.)

               (3)   The first phase must contain at least three of the five amenities required per subsection 4.05.B.9.d. Remaining phases are required only to supply the remaining amenities but may also provide additional amenities from those provided in the first phase.

               (4)   If open space amenities are constructed in an area that is not contiguous with the associated residential area, the recreational area must be directly connected to the residential area by a paved street.

               (5)   All facilities must be completed or bonded for completion for each phase before acceptance of the subdivision. The city is not responsible for constructing or completing construction of any amenities required in this subsection except as provided by an ordinance of the city or by a development agreement approved by City Council.

            f.   Parkland or fee-in-lieu of parkland dedication.

               (1)   Property already zoned or subject to zoning request other than PD. The city may, at the discretion of the City Council and upon recommendation by the Parks Board, credit fee-in-lieu of privately owned open space required by subsection 4.05.B.9.a to the Subdivider in accordance with the following:

                  (a)   The fee-in-lieu is consistent with the amount adopted by the City Council and required by the Parks and Open Space Design Features and Dedication Requirements Ordinance or its successor ordinances; and

                  (b)   The subdivision will be adequately served by a publicly-owned park in a manner consistent with the intent of this subsection 4.05.B.9.

                  (c)   The applicant for approval of a subdivision in a property not zoned PD may not request a waiver from the requirement to provide open space, to establish a homeowners' or property owners' association to maintain private open space, or to pay fee-in-lieu of privately owned open space.

               (2)   PD-zoned property.

                  (a)   The city may, at the discretion of the City Council and upon recommendation by the Parks Board, credit fee-in-lieu of privately owned open space required by subsection 4.05.B.9.a to the subdivider in accordance with the following:

                     (i)   The fee-in-lieu is consistent with the amount adopted by the City Council and required by the Parks and Open Space Design Features and Dedication Requirements Ordinance or its successor ordinances; and

                     (ii)   The subdivision will be adequately served by a publicly owned park in a manner consistent with the intent of this subsection 4.05.B.9.

                  (b)   The applicant for approval of a subdivision in a property zoned PD or proposed for PD zoning may request, and the City Council may grant at its sole discretion upon recommendation by the Parks Board, a waiver from the requirement to provide open space, to establish a homeowners' or property owners' association to maintain private open space, or to pay fee-in-lieu of privately owned open space.

      C.   Building height and design for single-family and duplex adjacency.

         1.   Applicability. This subsection 4.05.C applies to all new non-residential and multi-family buildings when abutting single-family or duplex residences, or if 50% or more of the existing buildings on the same block are either single-family or duplex residences.

            a.   For the purpose of administering this subsection 4.05.C, the 50% threshold described in 4.05.C.1 above is exceeded when the collective total of buildings on both sides of the same street and block that are constructed as single-family or duplex residences exceeds 50% of the total number of lots or separate tracts that front each side of the same street.

            b.   A tract as described in 4.05.C.1.a above is an unplatted property that has either been developed or is of sufficient size to be platted for development under the requirements of the applicable zoning district.

         2.   Building height and design.

            a.   All non-residential and multi-family buildings meeting the criteria of section 4.05.C.1 above shall be subject to one of the following limitations when adjacent to single-family or duplex residences:

               (1)   A proposed non-residential or multi-family building that does not exceed the maximum height allowed in an SF or D District may be constructed to the applicable setback line that is established for the zoning district in which the proposed non-residential or multi-family building is located; or

               (2)    If the proposed non- resident ial or mult i-family buil ding exce eds the maxi mum heig ht allo wed in an SF or D Dist rict, the non-residential or multi-family building shall be constructed entirely within and below a height proximity slope of 1:3 (vertical rise to horizontal run), as measured from the residential property line (see Figure 27: Height Proximity Slope).

            b.   All non-residential and multi-family buildings constructed under subsection 4.05.C.2.a(1) above shall feature a building design that is complementary to the nearest single-family or duplex residence on the same side of the street for the purpose of conforming to the context of the existing neighborhood.

            c.   A minimum of three complementary design features are required for all non-residential and multi-family buildings constructed under subsection 4.05.C.2.b and shall include, but not be limited to, features that are complementary to and harmonious with the exterior finishing materials, roof pitch, door placement, architectural features, and window pattern of the adjacent single-family or duplex residence.

               (1)   Non-residential and multi-family buildings located within the Downtown Transition Overlay shall follow the design standards in subsection 4.06.E.2.f, regardless of the construction of abutting buildings. However, when constructed adjacent to single-family residential or duplex buildings, non-residential and multi-family buildings in the Downtown Transition Overlay shall still meet the height limitations of this subsection 4.05.C.

               (2)   The Zoning Administrator may approve one or more alternative design features not listed in subsection 4.05.C.2.c if the requested building design feature produces the same or greater level of design quality. The Zoning Administrator may refuse to approve a requested design and defer to the Planning and Zoning Commission for approval or denial. If the Planning and Zoning Commission denies the requested design, the applicant may appeal to the City Council within ten days of the Commission's decision. The decision of the City Council is final.

            d.   No balcony on a non-residential and multi-family building constructed under this subsection 4.05.C shall be permitted to face a single-family or duplex residence, unless the building is constructed within and below the height proximity slope as described in subsection 4.05.C.2.a.2 above.

      D.   Nonresidential use design requirements.

         1.   Applicability. This subsection 4.05.D (Nonresidential Use Design Requirements) applies to every façade of a nonresidential use building with the following exceptions:

            a.   A building façade that directly faces a railway and railway right-of-way;

            b.   A building façade that directly faces an area that is not accessible to the public or visible from any abutting property from a point measured six feet from the ground at the property line; and

            c.   Existing buildings unless they are reconstructed or expanded, in which case the area of the reconstruction or expansion is required to conform to this subsection 4.05.D (Nonresidential Use Design Requirements).

         2.   Nonresidential building materials.

            a.   Nonresidential use building façades shall consist of at least 80% Class 1 building materials based on the total exterior surface of all façades except those listed in 1 above.

            b.   The remainder of all building façades, except those listed in 4.05.D.1, shall consist of Class 2 building materials.

         3.   Nonresidential building orientation. Any building visible from a public right-of-way shall either face the right-of-way or design any façade that faces a right-of-way with the same quality of design and level of detail as the primary façade or building entrance.

         4.   Properties zoned I, Industrial District.

            a.   Buildings constructed in the I District are required to meet this subsection 4.05.D (Nonresidential Use Design Requirements) on the primary façade only.

            b.   Buildings in the I District that are outside of an overlay are not subject to window requirements in subsection 4.05.D.5.

            c.   For the purposes of complying with subsection 4.05.D.6, buildings in the I District may deduct one item from Table 17: Menu of Nonresidential Design Elements based on the building size as indicated in Table 18: Required Minimum Number of Design Elements.

         5.   Required windows.

            a.   Primary façades must have windows or doors containing glass that cover a minimum of 20% and a maximum of 80% of the façade.

            b.   Secondary façades must have windows or doors containing glass that cover a minimum of 10% and a maximum of 80% of the façade.

            c.   Of the required glass area, at least 50% must be transparent (not opaque or spandrel glazing).

            d.   No façade shall exceed 80% glass coverage.

         6.   Nonresidential design elements requirements.

            a.    Table 17: Menu of Nonresidential Design Elements includes a list of design elements that, based upon the size of a building (see Table 18: Required Minimum Number of Design Element), must be incorporated into a building's design on any building façade visible from a right-of-way, public parking lot, or abutting property:

   Table 17: Menu of Nonresidential Design Elements

 

Canopies, Awnings, or Porticos	Outdoor Patios
Overhangs	Display windows
Recesses or projections	Architectural details, such as tile work or moldings, integrated into the building façade
Arcades or colonnades	Integrated planters or wing walls that incorporate landscape and sitting areas
Peaked roof forms	Offsets, reveals or projecting ribs used to express articulation
Arches	Cornices projecting from the building face

 

            b.    A building's floor area determines the minimum number of required design elements (See Table 18):

   Table 18: Required Minimum Number of Design Elements

 

Building Square Footage	Minimum Number of Design Elements
0 to 20,000 sq. ft.	2
20,001 to 50,000 sq. ft.	3
50,001 to 100,000 sq. ft.	5
Over 100,001 sq. ft.	7

 

         7.   Nonresidential front façade entry requirements.

            a.   A front building entry must utilize a distinctive entry presence, emphasizing the building's entry point along the façade with the use of materials, towers, arches, articulation, or accent windows.

            b.   Each building entry accessible by the public must be sheltered from the elements using recesses or awnings.

   4.06.   Overlay Regulations.

      A.   CS, Cleburne Station Overlay standards.

         1.   Purpose.

            a.   Cleburne Station is envisioned as a regional center incorporating a mix of uses such as retail stores and shops, restaurant or cafeteria, without drive-thru, hotel, office, professional, medical, or business, professional services, and similar nonresidential uses, and residential uses as a secondary use around the depot baseball park.

            b.   The boundaries of the CS, Cleburne Station Overlay can be found in subsection 2.04.G.

         2.   Minimum elements. The elements listed below are applicable to all buildings within the CS, Cleburne Station Overlay and must be addressed along with site plan requirements for each building constructed within the CS, Cleburne Station Overlay:

            a.   Building massing and design.

               (1)   The heights of buildings shall vary and provide visual variety in the massing of the buildings.

               (2)   Variations in building height should be accomplished in such a manner that buildings complement each other and are not in visual conflict.

               (3)   Buildings shall vary in their levels of detail, richness of material, and overall complexity of design.

               (4)   Buildings located on more significant sites, such as street intersections or at the termination of a street or vista, shall utilize more intricate massing, richer materials, and finer detailing and shall provide all items listed in subsection 4.06.A.3.

            b.   Building entrances.

               (1)   The design and location of building entrances shall easily identify primary points of access.

               (2)   Building entrances shall be defined by massing, and articulated with other architectural elements and signage that draw attention to the entry.

               (3)   Building entrance elements shall be compatible with the overall architectural character of the building.

               (4)   Along a street, entrances to shops shall be distinguished from lobby entrances that provide access to upper floor uses.

            c.   Retail storefronts.

               (1)   Retail storefronts shall be characterized by higher percentages of window area.

               (2)   Variation in storefront design between each tenant space is encouraged and may include traditionally based design and well as contemporary design.

               (3)   Storefronts shall be designed to be compatible with the buildings' architectural expression.

               (4)   To promote variety, storefronts reflecting a high quality of design and use of materials may be applied to buildings of different character provided they do not detract from the building's overall design (see Figure 27: Use of Different Architectural Styles on a Single Block).

         3.   Menu of additional elements.

            a.   Building design. All buildings up to 20,000 square feet of gross floor area shall provide at least two of the following items and all buildings over 20,000 square feet of gross floor area shall provide at least three of the following items:

               (1)   Variation in overall building height of at least two feet across a width spanning at least 25% of the length of the wall measured between the corners of the façade;

               (2)   Transparent windows on at least 30% of all façades visible from a right-of-way or public courtyard.

               (3)   Bay projections, show windows, porches, balconies (25 square feet minimum), canopies, awnings, setbacks measuring at least 15% of the wall height, and loggia within an area comprising at least 50% of all façades visible from a right-of-way or public courtyard;

               (4)   Architectural details such as base courses and water tables, pilasters, sills, lintels, band courses, spandrel panels, and cornices;

               (5)   Use of Class 1 building materials on at least 90% of all façades facing a street right-of-way or public courtyard and use of Class 2 building materials on the remaining percentage and use of Class 1 building materials or Class 2 building materials on at least 90% all façades that do not face a street right-of-way or public courtyard.

            b.   Landscaping and sidewalks. Buildings located at the intersection of two streets and buildings greater than 20,000 square feet in gross floor area shall provide at least one of the following:

               (1)   Sidewalk treatments such as stamped patterns and integral color stain;

               (2)   Decorative plantings such as perennial flowers and other foliage in clay-fired pots, living walls, or formal raised planters near public building entrances and street corners;

               (3)   Outdoor dining and gathering spaces accessible directly from the public sidewalk and providing shaded seating areas and trash receptacles.

            c.   Additional standards applicable to multi-family, townhome, and mixed-use buildings. Within the CS, Cleburne Station Overlay, all buildings constructed for multi-family, townhome, or mixed-use with residential shall conform to the following additional standards:

               (1)   Ground floor residential is limited to 75% of each block face.

               (2)   On corner lots, the 25% of the block face that is closest to the corner must be reserved for nonresidential uses.

               (3)   Garages and carports must be located behind the principal building.

               (4)   Balconies must measure a minimum of 35 square feet per bedroom.

               (5)   Ground floor units within multi-family or townhome buildings must provide the following:

                  (a)   Direct door access along a street right-of-way by means of a public sidewalk; or

                  (b)   An outdoor courtyard screened by a combination of fencing with at least 50% transparency and continuous landscaping consisting of shrubs or perennials reaching a maximum height of three feet at maturity.

      B.   F, Freeway Overlay standards.

         1.   Land use restrictions.

            a.   In the F, Freeway Overlay along the portion of the overlay fronting the Chisholm Trail Parkway and the interchange of Chisholm Trail Parkway and U.S. 67, the following uses are prohibited:

               (1)   Heavy load vehicle sales and service;

               (2)   Sexually oriented business;

               (3)   Gasoline or diesel truck filling or service station with overnight parking;

               (4)   Parking (heavy load vehicles);

               (5)   Donation or recycling collection point;

               (6)   Recycling center;

               (7)   Recycling facility;

               (8)   Self-storage (mini warehouse facilities);

               (9)   Outside sales and outside storage;

               (10)   Tattoo or piercing studio;

               (11)   Petroleum and gas storage and collection facilities;

               (12)   Concrete or asphalt batching plant, permanent; and

               (13)   Automobile salvage.

            b.   Manufacturing or industrial operations are prohibited on properties fronting U.S. 67 and the interchange of U.S. 67 and Chisolm Trail Parkway.

            c.   In the remainder of the F, Freeway Overlay, the above uses require a specific use permit (SUP).

            d.   As part of the initial zoning action (see subsection 1.04.B) City Council may apply or extend the area of land use restriction within the boundaries of the F, Freeway Overlay to additional territory when that territory is annexed into the city.

         2.   Overlay boundaries.

            a.   The boundaries of the F, Freeway Overlay shown in subsection 2.04.H depict areas subject to the development regulations of this subsection 4.06.B.

            b.   Properties within the area of land use restriction shown in subsection 4.06.B.1 but not within the overlay boundaries shown in subsection 2.04.H are only required to comply with the land use restrictions listed in subsection 4.06.B.1.

         3.   Nonresidential building material requirements. All buildings constructed for nonresidential use must comply with the following minimum standards:

            a.   Primary façades must be constructed of 100% Class 1 building materials or Class 2 building materials, excluding areas used for doors or windows.

            b.   At least 90% of the primary façade must be constructed of Class 1 building materials.

            c.   Secondary façades must be constructed of at least 65% Class 1 building materials or Class 2 building materials, excluding areas used for doors or windows.

         4.   Nonresidential building articulation. Façade depth and height articulation is required on any façade of a building that faces a right-of-way, courtyard, plaza, or park in accordance with the following:

            a.   Depth articulation of at least three feet shall be required for every 30 feet of building façade length. Depth articulation applies only below the roofline.

            b.   Height articulation for flat roofs of at least five feet shall be required for every 50 feet of building façade length. Pitched roofs do not require height articulation.

         5.   Tripartite building design and composition. Tripartite design is required on any façade of a building that faces a right-of-way, courtyard, plaza, or park in accordance with the following:

            a.   Tripartite building composition consists of three distinct elements (base, middle, and top) separated by one or a combination of the following:

               (1)   Material variation by type, size, finish, or color separated by a decorative transitional element such as contrasting banding;

               (2)   Change in horizontal plane such that the higher element is set back from the element below it or projects out from the element below it, such as a cornice;

               (3)   Change in pattern such as brick patterns, columns, canopies, awnings, entablatures, windows such as transom or clerestory;

            b.   The tripartite shall be proportioned to the other elements of the tripartite and the overall structure, with no element comprising more than 50% of the building height without a change in element as defined in subsection 4.06.B.5.a.

         6.   Roof design standards.

            a.   All structures shall be constructed with a pitched roof or flat roof with a parapet.

            b.   All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible.

            c.   Parking structure decks shall not be considered roofs.

            d.   Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level.

            e.   For the purpose of this paragraph, "visible" shall be defined as capable of being seen at a height of six feet while standing at ground level.

         7.   Alternative compliance for design standards. A request for alternative compliance may be submitted and acted upon in accordance with subsection 5.03 Alternative Compliance. The Zoning Administrator may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of subsection 4.05 Design Standards.

            a.   Nonresidential design elements.

               (1)   Alternatives to the nonresidential design elements listed in Table 17: Menu of Nonresidential Design Elements.

               (2)   Alternatives shall, in the determination of the Zoning Administrator, produce a similar or greater level of architectural design than the elements listed in Table 17: Menu of Nonresidential Design Elements.

            b.   Nonresidential building articulation.

               (1)   Alternative articulation standards which differ from the requirement found in subsection 4.06.B.1.d may be approved.

               (2)   Alternative articulation standards shall, in the determination of the Zoning Administrator, produce a same or greater level of articulation than the requirement found in subsection 4.06.B.1.d.

         8.   Building façades located adjacent to property zoned I, Industrial District or railway and railway right-of-way. The Zoning Administrator may approve a waiver to building materials requirements found in subsections 4.06.B.1.d and 4.06.B.6 for a building façade that directly faces and abuts a property zoned I, Industrial District or used as railway and railway right-of-way.

      C.   MS, Main Street Overlay and HS, Henderson Street Overlay standards.

         1.   Purpose and applicability.

            a.   The MS, Main Street Overlay and HS, Henderson Street Overlay do not apply to property zoned for Residential Use, zoned I, Industrial District, or developed as a public use or building or play field or stadium.

            b.   The requirements of this subsection are in addition to all other requirements of Section 155.4. If there is a conflict between this subsection and another requirement or provision of Section 155.4, the requirements of this section will govern.

            c.   The boundaries of the MS, Main Street Overlay are shown in subsection 2.04.E and the boundaries of the HS, Henderson Street Overlay are shown in subsection 2.04.F.

         2.   Building design and layout.

            a.   Design requirements.

               (1)   New buildings must be constructed so that parking is located to the side or rear of the building and not between the building and the street. For platted lots that are less than two acres or less than 65 feet in width, the Zoning Administrator may approve one row of parking between the building and the street.

               (2)   Buildings at the corners of intersections must utilize corner features that are a minimum of 15% higher than the remainder of the façade and finished with a decorative cap or cornice that projects at least 12 inches from the building face. The corner feature must extend between 15% and 25% of the length of the façade.

               (3)   Buildings must provide window coverage according to the following:

                  (a)   A minimum of 35% windows on the front façade (defined as the façade containing the primary building entrance);

                  (b)   A minimum of 30% windows on all primary façades (defined as all façades that face a public street or right-of-way); and

                  (c)   A minimum of 20% windows on all secondary façades.

               (4)   Of the window coverage required at least 60% must be transparent.

               (5)   No more than 80% glass coverage is allowed on any façade.

               (6)   A landscaped edge equal to 20 feet shall be provided along Main Street and Henderson Street and equal to 15 feet along intersecting streets that abut any lot or development with frontage along Main Street and Henderson Street.

               (7)   The landscaped edge may include any portion of the right-of-way behind the curb if it meets the planting requirements below:

                  (a)   One shade tree or two ornamental trees per 30 feet, which may be staggered; and

                  (b)   Sidewalks a minimum of six feet in width.

            b.   Building layout.

               (1)   Development or redevelopment involving three or more buildings must configure all buildings in the following manner:

                  (a)   Buildings must be laid out in blocks separated by internal streets, driveways, or pedestrian pathways to provide internal circulation;

                  (b)   Buildings must be designed to frame or enclose parking areas, open space, and amenities so that such areas are not predominantly situated along the public right-of- way and are equally accessible and enjoyed by users of each building;

                  (c)   Building entrances must face the street or an internal common area such as a courtyard or park.

               (2)   Development or redevelopment involving one or two buildings where the developed area is more than one acre, such as a shopping center, must design parking lots, drive aisles, drainage facilities, and underground utilities, to allow for future redevelopment of parking areas into buildings that can be designed in a way that meets subsection 4.06.C.2.b(1).

            c.   Administrative setback reduction.

               (1)   The Zoning Administrator may reduce landscaping requirements by 50% for properties within the MS, Main Street Overlay that directly abut Main Street between Kilpatrick Avenue and Poindexter Avenue.

               (2)   The reduction may apply both to required plantings and required depth of landscaping buffers.

            d.   The Zoning Administrator may approve a reduction in minimum setback depth for properties in the MS, Main Street Overlay and HS, Henderson Street Overlay if 50% or more of the buildings along both sides of the same block have setbacks that are less than the minimum required setback on the lot where the building is proposed. In granting a setback reduction, the Zoning Administrator may not reduce the required landscape edge more than 50% and may not approve a building setback closer to the right-of-way than the median setback of all buildings along both sides of the same block.

            e.   Certain uses restricted.

               (1)   Within the MS, Main Street Overlay, a certificate of occupancy will not be issued for any of the following:

                  (a)   Automobile salvage;

                  (b)   Automobile wrecker and impound lot.

               (2)   Within the HS, Henderson Street Overlay, a certificate of occupancy will not be issued for any of the following:

                  (a)   Automobile body shop;

                  (b)   Automobile or other motorized vehicle sales and service;

                  (c)   Automobile salvage;

                  (d)   Automobile service garage (major);

                  (e)   Automobile wrecker and impound lot.

               (3)   Existing uses listed in subsection 4.06.C.2.e(1) will be treated as nonconforming uses subject to subsection 3.07.

               (4)   A specific use permit (SUP) may be approved in accordance with subsection 5.09 to secure a certificate of occupancy for a change in ownership of a prohibited use listed in subsections 4.06.C.2.e(1) and 4.06.C.2.e(2) that is in existence prior to the adoption of this ordinance. The following will be taken into consideration at time of application for a specific use permit (SUP) under this subsection 4.06.C.2.e:

                  (a)   Compliance with subsection 4.01 and 4.02; and

                  (b)   Compatibility of the existing use within the MS, Main Street Overlay or HS, Henderson Street Overlay.

      D.   DTC, Downtown Core Overlay.

         1.   Downtown Core purpose.

            a.   The purpose of the DTC, Downtown Core Overlay is to preserve the look and feel of historic Downtown Cleburne and abutting areas and encourage the development of mixed commercial and residential uses while ensuring that new development or modifications to existing development conform to the historic pattern and style established in downtown.

            b.   The DTC, Downtown Core Overlay is intended to accommodate the historic core of Cleburne centered around the courthouse square while allowing for compatible infill development.

            c.   The DTC, Downtown Core Overlay is an area possessing buildings with attributes that are unique within Cleburne, such as narrow lots, zero setbacks, parking in the rear or the side of the lot, and buildings with multiple stories and high levels of architectural detailing and form.

            d.   To preserve this pattern of development, the standards in this subsection 4.06.D require that new construction or redevelopment or refurbishment of existing buildings match the pattern and style of existing buildings in the DTC, Downtown Core Overlay, including setback lines, lot buildout (e.g., the percentage of the lot frontage that is covered by a building), and architectural style.

         2.   Downtown Core design standards and applicability.

            a.   The boundaries of the DTC, Downtown Core Overlay are as shown in Figure 29.

            b.   The standards in this subsection 4.06.D apply to all new construction within the boundaries of the DTC, Downtown Core Overlay, and additions to and remodeling of structures within the boundaries of the DTC, Downtown Core Overlay.

            c.   Within the DTC, Downtown Core Overlay, secondary residential uses are allowed provided that no less than 30% of the bottom floor of any building is used for commercial purposes.

            d.   Development within the DTC, Downtown Core Overlay is exempt from the following regulations:

               (1)   Off-street parking requirements (parking provided voluntarily is subject to applicable requirements of subsection 4.03.A but is exempt from landscaping requirements);

               (2)   Landscaped edge and landscaping for corner lots;

               (3)   Landscaping and screening for parking lots adjacent to residential areas if an alley or street separates a nonresidential use within the Downtown Core from a residential use;

               (4)   Building perimeter plantings for buildings 50,000 square feet or larger for any portion of a building that abuts the street right-of-way; and

               (5)   Minimum lot dimensions, provided that a building may not be constructed on a lot that is less than 20 feet in width.

            e.   Existing buildings.

               (1)   Existing buildings in the Downtown Core that do not conform to this subsection 4.06.D may be allowed to continue and to be repaired and maintained provided that the building is not damaged or removed (as defined in subsection 3.07) to an extent greater than 50% of its appraised value.

               (2)   If an existing building in the Downtown Core is damaged or removed (as defined in subsection 3.07) to an extent greater than 50% of its appraised value, the replacement or reconstruction must conform to this subsection 4.06.D.

               (3)   If the ground floor square footage of a building is expanded to 50% or less of its current ground floor square footage, only the expanded area must conform to this subsection 4.06.D.

               (4)   If the ground floor square footage of a building is expanded to more than 50% of its current ground floor square footage, the entire building must conform to this subsection 4.06.D.

            f.   Building design.

               (1)   Parking must be placed to the side or the rear of the building and comprise no more than 20% of the lot frontage where the front façade is located and no more than 50% of any other frontage.

               (2)   Primary façades must be constructed of 90% Class 1 building materials with the remainder constructed of Class 2 building materials, excluding areas used for doors or windows.

               (3)   Secondary façades must be constructed of 65% Class 1 building materials with the remainder consisting of or Class 2 building materials, excluding areas used for doors or windows.

               (4)   All buildings within the Downtown Core must include the following:

                  (a)   A distinctive base, middle, and top with each segment distinguished by a change in materials, brick pattern, window pattern or style, awnings, and cornice patterns or projections (see Figure 30: Tripartite Design (Multi-Floor Building) and Figure 31: Tripartite Design (Single-Floor Building));

                  (b)   A covering over each public entry consisting of an awning, recess, or combination as shown in Figure 32: Public Entry Covering.

               (5)   All buildings in the Downtown Core must utilize two of the following features:

                  (a)   Canopies, awnings, or porticos extending beyond the public entryway;

                  (b)   Outdoor patios;

                  (c)   Vertical or horizontal recesses or projections, provided a horizontal projection does not extend more than three inches beyond the right-of-way line;

                  (d)   Decorative window framing such as cornices, roundels, arches, soldier course or similar;

                  (e)   Cornices projecting from the roof edge a distance of six to 12 inches from the building face.

               (6)   Buildings must provide window coverage according to the following:

                  (a)   A minimum of 35% window coverage on the bottom floor of the front façade with individual panes being divided by a strip of masonry material matching the primary building, and having a minimum six inch separation between the sidewalk and the bottom of the window finished in brick consistent with the examples shown in Figure 33: Example of Window Separation and Framing;

                  (b)   All public entrances on the front façade must include doors that are at least 60% transparent;

                  (c)   A minimum of 25% window coverage on the bottom floor of primary façades other than the front façade; and

                  (d)   A minimum of 10% window coverage on the bottom floor of all other façades.

                  (e)   Of the window coverage required at least 80% of the bottom floor windows must be transparent on the front façade and primary façades and 60% on all other façades.

                  (f)   No more than 65% glass coverage is allowed on any façade.

         3.   Downtown core dimensional standards.

Building Placement
	Principal Building Setbacks
	FS1	Front setback (min.)	0 ft.
	FS2	Front setback (max.)	10 ft.
	SS1	Side setback (min.) (secondary street)	0 ft.
	SS2	Side setback (max.) (secondary street)	15 ft. *
		* Must meet FB1
	SS3	Side setback (min.) (interior)	0 ft. *
		* Fire separation standards apply
	RS	Rear setback (min.)	5 ft.
	Parking Setbacks
	PS1	Primary street setback (min.)	5 ft.
		OR behind the principal building
	PS2	Secondary street setback (min.)	5 ft.
		OR behind the principal building
	PS3	Side setback (min.)	0 ft.
	PS4	Rear setback (min.)	0 ft. **
	Building Height
		Maximum height	50 ft.

 

         4.   Other requirements and allowances.

            a.   The base (bottom level) of parking garages must be finished in Class 1 building materials or Class 2 building materials on all sides abutting a primary or secondary public street and utilize architectural detailing similar to buildings on the abutting blocks.

            b.   Within the DTC, Downtown Core Overlay, the following are minimum unit sizes for residential units:

               Multi-family and mixed-use:

               (1)   Efficiency: 350 square feet;

               (2)   One bedroom, studio, or loft: 450 square feet;

               (3)   Two bedroom: 650 square feet;

               (4)   Additional bedrooms: 150 square feet.

      E.   DTT, Downtown Transition Overlay.

         1.   Downtown Transition purpose.

            a.   The purpose of the Downtown Overlay is to preserve the look and feel of historic Downtown Cleburne and abutting areas and encourage the development of mixed commercial and residential uses while ensuring that new development or modifications to existing development conform to the historic pattern and style established in downtown.

            b.   The Downtown Transition is intended to accommodate a wide range of development and redevelopment within the blocks immediately surrounding the historic core of Cleburne.

            c.   The Downtown Transition is an area distinguished by a mix of residential and nonresidential uses, setbacks, and architectural styles with a high degree of vehicle and pedestrian integration with the Downtown Core.

            d.   New construction or reconstruction in the Downtown Transition must be designed to complement existing buildings and possess a high degree of character through the use of compatible materials and design features.

         2.   Downtown Transition design standards and applicability.

            a.   The Downtown Transition boundaries are as shown in Figure 29: Downtown Overlay Boundaries.

            b.   A single-family detached residential dwelling may be constructed anywhere within the Downtown Transition Zone subject to the standards of subsection 3 below.

            c.   Development within the Downtown Transition is subject to the following regulations:

               (1)   Required off-street parking is reduced by 50% (see subsection 3.03 Use Chart) (parking provided voluntarily is subject to all applicable requirements of Section 155.4);

               (2)   The requirement to plant a landscaped edge and landscaping for corner lots is waived;

               (3)   Landscaping and screening for parking lots adjacent to residential areas is waived if an alley or street separates a nonresidential use within the Downtown Core from a residential use;

               (4)   Building perimeter plantings for buildings 50,000 square feet or larger are waived for any portion of a building that abuts the street right-of-way;

               (5)   Building materials and design requirements must conform to subsection 4.06.E.2.e.

               (6)   Buildings are subject to the minimum lot width requirements in subsection 4.06.E.3.

            d.   Existing buildings.

               (1)   Existing buildings in the Downtown Transition that do not conform to this subsection E may be allowed to continue and to be repaired and maintained provided that the building is not damaged or removed (as defined in subsection 3.07) to an extent greater than 50% of its appraised value.

               (2)   If an existing building in the Downtown Transition is damaged or removed (as defined in subsection 3.07) to an extent greater than 50% of its appraised value, the replacement or reconstruction must conform to this subsection 4.06.E.

               (3)   If the ground floor square footage of a building is expanded to 50% or less of its current ground floor square footage, only the expanded area must conform to this subsection 4.06.E.

               (4)   If the ground floor square footage of a building is expanded to more than 50% of its current ground floor square footage, the entire building must conform to this subsection 4.06.E.

            e.   Single-family and duplex building design.

               (1)   Primary façades must be constructed of one or more of the following materials:

                  (a)   Treated or painted wood siding or fiber cement panel that mimics the grain and texture of wood;

                  (b)   Stacked and mortar-bonded brick;

                  (c)   Stone with a natural color and finish.

               (2)   Brick or stone shall comprise no more than 20% of the primary façade.

               (3)   Secondary façades must be constructed of at least 80% treated or painted wood siding or fiber cement panel that mimics the grain and texture of wood, with the remainder consisting of any Class 1 building materials or Class 2 building materials.

               (4)   Each single-family detached residential and duplex dwelling must have a covered porch integrated with the design of the dwelling. The porch must be at least five feet deep and extend at least 20% of the width of the front façade.

               (5)   Garages must be rear or side loaded or alley-fed.

               (6)   The minimum eave depth is six inches on all façades.

               (7)   Roof covering must consist of architectural shingle or standing seam metal.

               (8)   In addition to the design requirements of this subsection 4.06.E.2.e, each dwelling must provide a minimum of two of the following features:

                  (a)   Roof pitch between 4:12 and 12:12;

                  (b)   Decorative treatments or techniques employed on columns supporting the front porch including tapering, turning, or contrasting trim;

                  (c)   Arched entryway trimmed in wood or stone;

                  (d)   Decorative window treatments such as muntins, cornices, roundels, arches, soldier course, or similar features;

                  (e)   One or more dormers or bay windows on the front façade;

                  (f)   One or more eave brackets or rafter tails supporting, or giving the appearance of supporting, each eave that is parallel to the front façade;

                  (g)   Contrasting siding color, material, or technique on one or more gables along the front façade including natural or stained wood, board and batten, shake shingle, scallops, or other contrasting technique that employs a recognized style of architecture.

               (9)   Dwellings that exceed 2,000 square feet must provide one additional feature under subsection 4.06.E.2.e(8).

               (10)   The standards of this subsection 4.06.E.2.e apply to single-family detached residential and duplex buildings regardless of actual building use.

            f.   Nonresidential building design.

               (1)   Nonresidential buildings that do not conform to subsection 4.06.E.2.e must conform to the standards of this subsection 4.06.E.2.f.

               (2)   Primary façades must be constructed of 75% Class 1 building materials with the remainder constructed of Class 2 building materials, excluding areas used for doors or windows.

               (3)   Secondary façades must be constructed of 65% Class 1 building materials with the remainder constructed of Class 2 building materials, excluding areas used for doors or windows.

               (4)   Buildings that are 10,000 square feet or less must provide a distinct entry feature using arches, columns, towers or other roof articulation and provide at least one feature listed in subsection 4.06.D.2.f(5).

               (5)   Buildings that are greater than 10,000 square feet must provide a distinct entry feature using arches, columns, towers or other roof articulation and provide at least two features listed in subsection 4.06.D.2.f(5).

               (6)   Parking is required to be to the side or rear of the principal building and comprises no more than 50% of the lot frontage.

         3.   Downtown Transition dimensional standards.

Building Placement
	Principal Building Setbacks
	FS1	Front setback (min.)	0 ft.
	FS2	Front setback (max.)	20 ft.
	SS1	Side setback (min.) (secondary street)	0 ft.
	SS2	Side setback (min.) (interior)	0 ft.
	RS	Rear setback (min.)	5 ft.
	Parking Setbacks
	PS1	Primary street setback (min.)	5 ft.
		OR behind the principal building on the lot
	PS2	Secondary street setback (min.)	5 ft.
	PS3	Side setback (min.)	0 ft.
	PS4	Rear setback (min.)	0 ft. **
		** Rear parking setback from the centerline of the alley is 15 ft.
	Building Height
		Maximum height	40 ft.

 

 

Density and Dimensions
Maximum Number of Dwelling Units per Acre (Net Density)	32
Minimum Setback for Building Abutting a Single-family Detached or Duplex Dwelling	Front setback: 10 ft. Side setback: 5 ft. (single-family or duplex 20 ft. in height or less) 10 ft. (single-family or duplex over 20 ft. in height) 20 ft. (building types other than single-family or duplex)
Maximum Building Height	40 ft.

 

 

Permissible Building Types	Lot Standards, and Conditions
Single-family detached or duplex	Min. Lot Width = 40 ft.
Townhouse	Min. Lot Width = 20 ft. (per unit)
Multi-family	Min. Lot Width = 100 ft.
Mixed-use building	Min. Lot Width = 20 ft.
Nonresidential use	Min. Lot Width = 20 ft.

 

         4.   Other requirements and allowances.

            a.   The base (bottom level) of parking garages must be finished in Class 1 building materials or Class 2 building materials on all sides abutting a primary or secondary public street and utilize architectural detailing similar to buildings on the abutting blocks.

            b.   Within the DTT, Downtown Transition, the following are minimum unit sizes for residential units:

               (1)   Single-family detached residential, duplex, and townhome: 1,000 square feet

               (2)   Multi-family and mixed use:

                  (a)   One bedroom, efficiency, studio, or loft: 450 square feet;

                  (b)   Two bedroom: 650 square feet;

                  (c)   Additional bedrooms: 150 square feet.

      F.   AP, Airport Overlay standards.

         1.   Purpose and applicability.

            a.   The purpose of the AP, Airport Overlay District is to ensure development near the airport is compatible with airport operations, that land uses surrounding the airport are developed according to the recommendations of the Airport Master Plan, to limit the adverse impacts of airport operations on adjacent properties by accounting for those impacts in the development and use of property near the airport, and to protect the airport from incompatible encroachments.

            b.   The AP, Airport Overlay is applicable to each property within the district in addition to the regulations of the base district classification in which such property is located. If regulations are found to be in conflict, the most restrictive regulation will govern if it does not conflict with the intent and purpose of the AP, Airport Overlay.

            c.   For the purposes of regulating building height, construction in the AP, Airport Overlay is regulated within nine zones indicated in subsection 4.06.F.3.

            d.   For the purposes of regulating noise reduction for certain land uses, the AP, Airport Overlay is divided into three zones indicated in subsection 4.06.F.4. The zoning classification of each property is designated by the base district classification plus the AP, Airport Overlay designation. For example, a property in a CI, Commercial/Industrial Flex District within the AP district will carry a CI (AP-1, 2, or 3) designation.

            e.   Within the AP district, the regulations of each respective base district shall continue to apply to property located in that district, except as supplemented or modified in this subsection 4.06.F.

         2.   Definitions. Within this subsection 4.06.F, the following terms will have the meaning ascribed to them:

            a.   AIRPORT. The Cleburne Regional Airport.

            b.   AIRPORT ELEVATION. Eight hundred fifty-four feet above mean sea level.

            c.   APPROACH SURFACE. A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in subsection 3.c below. In plan the perimeter of the APPROACH SURFACE coincides with the perimeter of the approach zone.

            d.   COMPATIBLE LAND USE. The use of land adjacent to the airport that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of levels of noise or vibrations or because of the risk of personal injury or property damage created by the operations of the airport, including take-off and landing of aircraft.

            e.   CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

            f.   CONTROLLED COMPATIBLE LAND USE AREA. The area within which airport land use compatibility controls may be instituted, as defined by Tex. Local Gov’t Code § 241.003. The controlled area is located outside the airport boundaries and within an area measured no farther than one and one-half miles from the centerline of the airport runways and lines located no farther than five miles from each end of the paved surface of the runways.

            g.   HAZARD. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

            h.   HEIGHT. For the purpose of determining the height limits of buildings within the AP, Airport Overlay, the datum shall be measured with reference to mean sea level elevation unless otherwise specified.

            i.   HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

            j.   LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller drive aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

            k.   LDN (YEARLY DAY-NIGHT AVERAGE SOUND LEVEL). The 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7:00 a.m. and between 10:00 p.m. and midnight and averaged over a span of one year. A mathematical definition of LDN can be found in Federal Aviation Regulation Part 150, Section A150.201.

            l.   NOISE LEVEL REDUCTION. The amount of noise level reduction achieved through incorporation of noise attenuation measures in the design and construction of a structure.

            m.   NONCONFORMING. Any preexisting structure, object of natural growth, or use of land that is inconsistent with the provisions of the AP, Airport Overlay.

            n.   OBSTRUCTION. Any structure, growth, or other object, including a mobile object, that exceeds the height limits of subsection 3.c below.

            o.   PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

            p.   PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). Also a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

            q.   PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the PRIMARY SURFACE extends 200 feet beyond each end of that runway; the width of the primary surface is set forth in subsection 4.06.F.3.b Establishment of Height Limitation Zones. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the runway centerline.

            r.   RUNWAY. The defined area of the airport used for landing and take-off of aircraft along its length.

            s.   STRUCTURE. An object, including a mobile object, that is artificially constructed or installed, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

            t.   TRANSITIONAL SURFACES. Surfaces extending outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each one foot vertically from the sides of the primary surface and approach surface to where they intersect the horizontal surface and conical surface. TRANSITIONAL SURFACES for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

            u.   TREE. Any object growing naturally above the ground.

            v.   UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

            w.   VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

         3.   Height limitation zones.

            a.   Purpose and applicability.

               (1)   For the purpose of carrying out the provisions of this subsection 4.06.F.3, the AP, Airport Overlay is divided into the zones listed in this subsection 4.06.F.3.

               (2)   These zones include all of the land lying beneath the approach, transitional, horizontal, and conical surfaces as they apply to the airport.

            b.   Establishment of height limitation zones.

               (1)    Such zones are shown on Cleburne Regional Airport Zoning Map consisting of two sheets, prepared by Coffman Associates, and adopted by City Council on December 13, 2022, which is made a part of this subsection 4.06.F by reference.

               (2)   An area located in more than one of the zones listed in this subsection 4.06.F.3 is considered to be only in the zone with the more restrictive height limitation.

               (3)   Any structure constructed within one or more height limitation zones must comply with subsection 4.06.F.3.c(2).

               (4)   Height Limitation Zones defined.

                  (a)   Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

                  (b)   Utility Runway Non Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

                  (c)   Runway Larger than Utility Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the center line of the runway.

                  (d)   Runway Larger than Utility (Visibility Minimum Greater Than Three-Fourths Mile Non-Precision Instrument Approach Zone). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

                  (e)   Runway Larger than Utility (Visibility Minimum as Low as Three-Fourths Mile Non-Precision Instrument Approach Zone). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

                  (f)   Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

                  (g)   Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

                  (h)   Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for a utility runway or visual runway and 10,000 feet for all others from the center of each end of the primary surface of the runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

                  (i)   Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

            c.   Height limitations.

               (1)   The city will not issue a building permit for a structure to be constructed, altered, or maintained to a height exceeding the maximum listed in this subsection c.

               (2)   No property owner shall construct or alter any structure or allow a tree to exceed the maximum height within a height limitation zone as listed below:

                  (a)   Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

                  (b)   Utility Runway Non Precision Instrument Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

                  (c)   Runway Larger than Utility Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

                  (d)   Runway Larger than Utility (Visibility Minimum Greater Than Three-Fourths Mile Non-Precision Instrument Approach Zone). Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

                  (e)   Runway Larger than Utility (Visibility Minimum as Low as Three-Fourths Mile Non-Precision Instrument Approach Zone). Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feetalong the extended runway centerline.

                  (f)   Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline then slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

                  (g)   Transitional Zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation.

                     (i)   In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface.

                     (ii)   Where the Precision Instrument Runway Approach Zone projects beyond the Conical Zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

                  (h)   Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 1,105 feet above mean sea level.

                  (i)   Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the Horizontal Zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

               (3)   Exceptions. Nothing in this subsection 3 prohibits the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

         4.   Airport noise zones.

            a.   Airport noise zones are established within the Controlled Compatible Land Use Area for the purpose of regulating the development of noise sensitive land uses, to promote compatibility between the airport and surrounding land uses, and to protect the airport from incompatible encroachments.

            b.   Zones. The boundaries of the airport noise zones correspond to the Ldn noise contours shown on the most recently-adopted noise exposure map for the airport and are identified as follows:

               (1)   Airport Overlay-1 (AP-1) is that area within the Controlled Compatible Land Use Area with a noise contour that is between 65 Ldn (Yearly Day-Night Average Sound Level) and 70 Ldn (Yearly Day-Night Average Sound Level).

               (2)   Airport Overlay-2 (AP-2) is that area within the Controlled Compatible Land Use Area with a noise contour that is between 70 Ldn (Yearly Day-Night Average Sound Level) and 75 Ldn (Yearly Day-Night Average Sound Level).

               (3)   Airport Overlay-3 (AP-3) is that area within the Controlled Compatible Land Use Area beyond the 75 Ldn (Yearly Day-Night Average Sound Level) noise contour.

            c.   Compatible uses permitted within the airport noise zones are shown in Table 19: Compatible Land Uses.

         5.   Compatible Land Uses Table. Below is how to use the table.

            a.   A cell with a "Y" indicates that the land use and related structures are compatible without restrictions.

            b.   A cell with an "N" indicates that the land use and related structures are not compatible and are prohibited.

            c.   A cell with a number ("25" or "30") indicates that measures to achieve Noise Level Reduction (NLR) from outdoor to indoor must be incorporated into the design and construction of the entire structure.

            d.   Where "N" is indicated for a residential use followed by "25" or "30", it means that residential use is not compatible but if the property is zoned for residential, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB or 30 dB must be achieved, as indicated. Normal single-family construction can be expected to provide a Noise Level Reduction of 20 dB, meaning that Noise Level Reduction measures in this area require a reduction of 5 to 10 dB over standard construction and generally assume mechanical ventilation and closed windows year-round. However, the use of NLR criteria will not eliminate outdoor noise problems.

            e.   Where "Y" is indicated for a use followed by a "25", it means that the use is compatible where measures to achieve a Noise Level Reduction of 25 dB are incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.

            f.   Where "Y" is indicated for a use followed by a "30", it means that the use is compatible where measures to achieve Noise Level Reduction of 30 dB are incorporated into the design and construction of portions of buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.

            g.   Where ("R25") is indicated, only the use listed is compatible. Any residential buildings associated with the use require a Noise Level Reduction of 25 dB to be compatible.

            h.   Where ("R30") is indicated, only the use listed is compatible. Any residential buildings associated with the use require a Noise Level Reduction of 30 dB to be compatible.

   Table 19: Compatible Land Uses

Land Use	Noise Zone
	O-A 1 65-70 dB	O-A 2 >70-75 dB	O-A 2 >75 dB
Residential use (other than manufactured housing)	N(25)	N(30)	N
Manufactured housing, mobile home parks, trailer parks, trailer courts, or trailer subdivisions	N	N	N
Mixed-use with residential	N(25)	N(30)	N
Hospital, chronic care	N	N	N
Hospital, acute care and medical clinic	Y	Y(25)	Y(30)
Park, playground, or community center, public	Y	N	N
Play field or stadium	Y	Y	Y
Public use or building	Y	25	30
Animal shelter or pet boarding (with outside yard/kennels) or stable	Y	N	N
Any use with "automobile" in the description	Y	Y(25)	Y(30)
Country club or golf course	Y	25	30
Gym or health/fitness center	Y	25	30
Office, professional, medical, or business, radio or TV station (no tower)	Y	25	30
Professional services	Y	25	30
Personal service shop	Y	25	30
Research or scientific laboratory	Y	25	30
Restaurant, cafeteria, brewery or distillery	Y	25	30
Boarding house, hotel, hotel, extended stay, motel	N(25)	N(30)	N
Nonresidential uses not listed	Y	Y	Y
Religious use	Y	Y(25)	Y(30)
Convenience store, retail stores and shops, thrift store, tobacco, vapor, e-cigarette store	Y	25	30
School, K-12, school, career, school, college or university	N	N	N
Banquet hall, wedding chapel, reception facility, or special events center	Y	Y(25)	Y(30)
Tattoo or piercing studio	Y	Y(25)	Y(30)
Contractor's shop or storage yard (temporary buildings exempted)	Y	Y(25)	Y(30)
Manufacturing or industrial operations	Y	Y	Y
Warehouse/distribution	Y	Y	Y
Wholesale center	Y	Y(25)	Y(30)

 

         6.   Interference with airport operations. No use within the AP, Airport Overlay shall be conducted in such a way that creates any of the following effects:

            a.   Creation of electrical interference with navigational signals or radio communication between the airport and aircraft;

            b.   Utilizing lighting in a way that creates difficulty in distinguishing between airport lights and lights employed by the use within the AP, Airport Overlay;

            c.   Creation of glare in the eyes of pilots using the airport or impairing visibility in the vicinity of the airport;

            d.   Creation of bird strike hazards; or

            e.   Otherwise endangering or interfering with the safe landing, taking off, or maneuvering of aircraft intending to use the airport.

         7.   Existing buildings and lots within the AP, Airport Overlay.

            a.   Regulations not retroactive.

               (1)   The regulations prescribed by this division shall not be construed to require changes in land use or the removal or other change or alteration of any structure not conforming to the regulations as of the effective date of this division or otherwise interfere with the continuance of any nonconforming use.

               (2)   Nothing herein contained shall require any change in construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this subsection and whose completion is diligently pursued.

               (3)   For purposes of this division, permitted nonconforming structures shall include all phases or elements of a multi-phase structure, whether or not actual construction has commenced, which has received a determination of no hazard by the Federal Aviation Administration under Part 77 of the Federal Aviation Regulation (14 Code of Federal Regulations, Part 77).

            b.   Exceptions for residential uses.

               (1)   Existing residences. Notwithstanding any other provisions of this subsection, all residential uses located within the airport noise zones that were lawfully existing on the effective day of this Zoning Ordinance may be repaired and enlarged provided the number of dwelling units is not increased.

               (2)   Vacant lots. Vacant platted lots which are zoned for single-family residential uses may be used for single-family residences providing they conform to all other applicable requirements of this division. Such lots may not be subdivided into more than one additional lot for single-family residential use.

               (3)   New residences. New residential structures within the AP-1 district must achieve an outdoor to indoor noise level reduction of at least 25 dB.

               (4)   Reconstruction. The provisions of subsection 3.07 Nonconformities apply to all nonconforming uses and structures within the AP, Airport Overlay.

         8.   Variance and appeal.

            a.   Variances. The Board of Zoning Adjustment is the board responsible for hearing and deciding requests for variances under this section (see subsection 6.02 Zoning Variance).

            b.   Appeals.

               (1)   The Building Official is responsible for determining compliance with this section.

               (2)   Any person aggrieved by any decision of the building official made in administration of this subsection may appeal to the Board of Zoning Adjustment (see subsection 6.01 Zoning Regulation Appeal).

(Ord. 04-2022-34, passed 4-12-22; Am. Ord. 02-2023-09, passed 2-28-23; Am. Ord. 06-2023-39, passed 6-13-23; Am. Ord. 09-2023-61, passed 9-12-23)