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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
APPENDIX A: ZONING REGULATIONS
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: REVIEW BODIES
CHAPTER 3: REVIEW PROCEDURES
CHAPTER 4: DISTRICT REGULATIONS
CHAPTER 5: SUPPLEMENTAL USE STANDARDS
ARTICLE 1: STANDARDS FOR SELECTED USES
§ 5.100 GENERAL.
§ 5.101 AMBULANCE DISPATCH STATION.
§ 5.102 APPLIANCE SALES.
§ 5.103 ASSAYING.
§ 5.104 AUTOMOTIVE REPAIR; PAINT AND BODY SHOP.
§ 5.105 RESERVED.
§ 5.106 BED AND BREAKFAST HOME.
§ 5.107 BED AND BREAKFAST INN.
§ 5.107A LODGING HOUSES.
§ 5.108 CAR WASH.
§ 5.109 RESERVED.
§ 5.110 COMMUNITY HOME.
§ 5.111 DAY CARE CENTER.
§ 5.112 DRIVE-IN BUSINESS.
§ 5.113 FIREWOOD SALES.
§ 5.114 GREENHOUSE OR PLANT NURSERY.
§ 5.115 GROUP HOME I OR II.
§ 5.116 HOTEL, MOTEL OR INN.
§ 5.116.B INDUSTRIALIZED HOUSING.
§ 5.116.A HOME OCCUPATIONS.
§ 5.117 KENNEL.
§ 5.118 KINDERGARTEN.
§ 5.119 RESERVED.
§ 5.120 MANUFACTURING.
§ 5.121 METAL CASTING.
§ 5.122 METAL FOUNDRY OR FABRICATION PLANT.
§ 5.123 METAL STAMPING, DYEING, SHEARING OR PUNCHING.
§ 5.124 NEWSPAPER DISTRIBUTION CENTER.
§ 5.125 PAWNSHOP.
§ 5.126 PRINT CENTER, COMMERCIAL.
§ 5.127 PROBATION OR PAROLE OFFICE.
§ 5.128 RECORDING STUDIO.
§ 5.129 RECREATIONAL VEHICLE PARK.
§ 5.130 RECYCLING COLLECTION FACILITY.
§ 5.131 SHEET METAL SHOP.
§ 5.132 STABLE, COMMERCIAL.
§ 5.133 STORAGE, NON ACCESSORY OUTSIDE.
§ 5.134 STORE, LARGE RETAIL.
§ 5.135 SWIMMING POOL, COMMERCIAL.
§ 5.136 TELECOMMUNICATIONS ANTENNA.
§ 5.137 TELECOMMUNICATIONS TOWER AND STEALTH TELECOMMUNICATION TOWER.
§ 5.138 THEATER, MOVIE THEATER OR AUDITORIUM.
§ 5.139 TERMINAL: TRUCK, FREIGHT, RAIL OR WATER.
§ 5.140 UTILITY TRANSMISSION TOWER OR DISTRIBUTION LINE; NATURAL GAS COMPRESSOR STATIONS.
§ 5.141 VEHICLE JUNKYARD.
§ 5.142 VETERINARY CLINIC.
§ 5.143 WAREHOUSE OR BULK STORAGE.
§ 5.144 FRESH WATER FRACTURE PONDS.
§ 5.145 FARMERS’ MARKET.
§ 5.146 URBAN AGRICULTURE AND COMMUNITY GARDENS.
§ 5.147 HALFWAY HOUSES.
§ 5.148 HORSE, DOG OR AUTOMOTIVE RACING.
§ 5.149 LANDFILL, WASTE TRANSFER STATION, GOVERNMENT RECYCLING DROP OFF CENTER, RECYCLING CENTER WITH OUTDOOR PROCESSING AND STOCKPILING, HOUSEHOLD HAZARDOUS WASTE OR WASTE TIRE FACILITY.
§ 5.150 MINING, QUARRYING, DREDGING OR EXCAVATION.
§ 5.151 SMALL BOX DISCOUNT STORE.
§ 5.152 RETAIL SMOKE SHOP.
§ 5.153 BOARDING HOME FACILITIES.
§ 5.154 BARS OR TAVERNS.
§ 5.155 SHELTER.
§ 5.156 BATCH PLANT, ASPHALT OR CONCRETE (PERMANENT).
ARTICLE 2: SEXUALLY ORIENTED BUSINESSES
ARTICLE 3: ACCESSORY USES
ARTICLE 4: TEMPORARY USES
CHAPTER 6: DEVELOPMENT STANDARDS
CHAPTER 7: NONCONFORMITIES
CHAPTER 8: ENFORCEMENT
CHAPTER 9: DEFINITIONS
APPENDIX A: LEGISLATIVE HISTORY
APPENDIX B: MAPS
APPENDIX C: USE INDEX
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 5.126 PRINT CENTER, COMMERCIAL.
   A commercial print center with off-set printing in any commercial district shall be limited to small jobs, such as business cards, invitations, stationery and similar personal and business needs only.
(Ord. 13896, passed 10-12-1999)
§ 5.127 PROBATION OR PAROLE OFFICE.
   Probation or parole offices may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following.
   (a)   Unless located in a building, other structure or land under the control, administration or jurisdiction of a state or federal agency, parole or probation offices shall be permitted only in the “FR” district and less restrictive zoning districts.
   (b)   Regardless of the zoning, parole or probation offices shall not be located within 500 feet of any one- or two-family residential district.
   (c)   Nonconforming parole or probation offices located in leased facilities shall be permitted to continue in operation only during the term of the existing lease. Upon expiration of the existing lease, the nonconforming use shall no longer be permitted.
(Ord. 13896, passed 10-12-1999)
§ 5.128 RECORDING STUDIO.
   Recording studios may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.
   (a)   Internal noise shall not be audible from outside the building.
   (b)   External activity or noise generation shall not be greater than the existing background noise level of the surrounding area.
   (c)   Mass reproduction, duplication or storage of recorded material for distribution, sale or promotion is prohibited.
   (e)   Parking requirements shall be the same as for a commercial building.
(Ord. 13896, passed 10-12-1999; Ord. 14624, § 4, passed 5-15-2001)
§ 5.129 RECREATIONAL VEHICLE PARK.
   Recreational vehicle parks are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided they are constructed and developed in accordance with the minimum building standards code, other applicable provisions of the city code and the following conditions.
   (a)   Development approval requirements. A recreational vehicle park shall not be constructed, altered or enlarged without an approved development plan issued by the planning and development department in accordance with the provisions of this section.
   (b)   Property development standards.
      (1)   In recreational vehicle parks, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table.
Recreational Vehicle Parks
Recreational Vehicle Parks
Land area
Minimum of 50 vehicle lot spaces, with required streets and service buildings
Density
Not to exceed 25 lots per acre of gross site area
Lot area
1,000 square feet minimum
Other setbacks
Recreational vehicles shall be separated from each other and from all other structures by at least 10 feet; for the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle
No recreational vehicle shall be closer than 20 feet to the property line adjoining a public street nor closer than 15 feet to any property line on which the abutting property is zoned residential
Private streets
36 feet minimum width; minimum cul-de-sac diameter 100 feet; maximum block length 500 feet.
Parking
1 off-street space
Notes:
May be subject to projected front yard (§ 6.101(f))
 
      (2)   Entrances and exits may not be through a residentially zoned district nor require traffic movement to or from the recreational vehicle park through a residentially zoned district.
   (c)   Service and auxiliary buildings.
      (1)   This section shall apply to all service buildings, recreation buildings, management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, commercial buildings supplying essential goods or services for park tenants and other similar buildings in recreational vehicle parks.
      (2)   All service and auxiliary buildings shall be located to be convenient to the recreational vehicle lots they service and shall be kept clean.
      (3)   Each park shall contain one or more service buildings providing separate sanitary facilities for men and women.
         a.   No lot space shall be located farther than 500 feet from such a service building.
         b.   The entrances to such buildings shall be clearly marked to show which gender the facilities serve.
   (d)   Permanent residential structures.
      (1)   At each recreational vehicle park, no more than one existing residential structure may be retained or one new residential structure constructed for occupancy by the owner or operator of the park.
      (2)   An existing residential structure located on a recreational vehicle park may be converted to a clubhouse, community center or service building for use by the guest of the park. A structure so converted shall meet all applicable codes for public occupancy to the proposed use.
   (e)   Use of recreational vehicle lots.
      (1)   Recreational vehicle parks lots shall be occupied only by recreational vehicles.
      (2)   Lots shall be rented only a daily or weekly basis.
      (3)   The owner or operator of a recreational vehicle park shall not permit a guest or a recreational vehicle to remain in the park longer than 60 consecutive days.
   (f)   Other development standards.
      (1)   Ground surface and drainage.
         a.   Each lot shall provide adequate support and drainage for the placement of the recreational vehicle.
         b.   Exposed ground surfaces in all parts of a recreational vehicle park shall be paved, covered with stone screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and elimination of dust.
         c.   The ground surface in all parts of a recreational vehicle park shall be graded and equipped to drain all surface water in a safe and efficient manner.
      (2)   Public telephone. A public telephone shall be installed and maintained in each recreational vehicle park, located in a well-lighted area and accessible to park guests 24 hours a day, seven days a week.
   (g)   Development plan approval requirements and appeal.
      (1)   Development plan and application.
         a.   A recreational vehicle park shall not be constructed, altered or enlarged without a valid approved development plan issued by the planning and development department. Before any new, altered or enlargement action can occur, a development plan must be submitted for review. Such plan must be approved before any action may proceed. The development plan shall also be used when applying for appropriate permits as regulated by other codes.
         b.   Applications for development plan approval shall contain at a minimum the following:
            1.   Name and address of applicant;
            2.   Location and legal description of the recreational vehicle park; and
            3.   Two copies of a development plan in conformance with the requirements of this section, and drawn at a minimum scale of:
               i.   One inch equals 100 feet for sites under 30 acres; or
               ii.   One inch equals 200 feet for sites of 30 acres or more.
         c.   The application shall be accompanied by a permit fee;
         d.   A development plan shall show the following:
            i.   The area and dimensions of the tract of land, identifying its location and boundaries;
            ii.   The number, location and size of all recreational vehicle lots;
            iii.   The location, width and specifications of driveways, private internal streets, parking and walkways;
            iv.   The location and details of lighting, public telephones and electrical and gas systems;
            v.   The location and specification of water and sewer lines and sewer service riser pipes;
            vi.   The location and specifications of all buildings constructed or to be constructed within the recreational vehicle park;
            vii.   Existing and proposed topography of the recreational vehicle park;
            viii.   The location of fire mains, including the size of the main, fire hydrants and fire extinguishment equipment and available fire flow; and
            ix.   Such other information as may be reasonably required by the departments reviewing the development plan.
      (2)   Appeal and modifications.
         a.   If the development plan is denied, the applicant may appeal the decision to the board of adjustment.
         b.   The board of adjustment may approve the development plan; approve with modifications or may uphold the denial of the development plan.
         c.   The board of adjustment shall consider the following when modifying a development plan:
            i.   The minimum number of recreational vehicle spaces in a recreational vehicle park;
            ii.   The minimum square footage of recreational vehicle spaces;
            iii.   The minimum per acre density of recreational vehicle spaces; and
            iv.   The number of permanent residential structures in the recreational vehicle park.
(Ord. 13896, passed 10-12-1999; Ord. 18435-01-2009, § 1, passed 1-6-2009, eff. 1-14-2009)
§ 5.130 RECYCLING COLLECTION FACILITY.
   Automated collection vending machines and small collection facilities, not to exceed 500 square feet, for recycling aluminum cans, glass, grocery bags, plastic bottles, magazines, newspapers and other comparable materials may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following:
   (a)   Required off-street parking is not diminished; and
   (b)   The board of adjustment finds that the size, location and design of the machines or facility are compatible with surrounding uses.
(Ord. 13896, passed 10-12-1999)
§ 5.131 SHEET METAL SHOP.
   Shops using 16 gauge or thinner sheet metal only.
(Ord. 13896, passed 10-12-1999)
§ 5.132 STABLE, COMMERCIAL.
   Stables for the commercial boarding of horses and for the business of selling rides on horses may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the limitation that such uses be located 500 feet from any residential district.
(Ord. 13896, passed 10-12-1999)
§ 5.133 STORAGE, NON ACCESSORY OUTSIDE.
   (a)   Storage of articles, material or merchandise not customarily incidental to the primary or main use or activity of the property may be kept or stored outside the primary building in accordance with use tables in Chapter 4, Article 8 subject to the following.
   (b)   The city council may grant a conditional use permit for no more than five years for non-accessory outside storage in accordance with the requirements set forth for conditional use permits in Chapter 4, Article 4, provided, however, that in granting any such conditional use permit the city council shall require the following.
      (1)   The storage must be secured from vandalism, theft or other mischievous acts.
      (2)   The storage must be surrounded by a screen fence a minimum of six feet in order to screen the storage from public view. No material may be visible above the required screen fence.
      (3)   The storage may not be placed in any area which will interfere with the natural flow of stormwater drainage.
      (4)   No storage of unregistered motor vehicles wrecked or dismantled vehicles or vehicles being retained for the purpose of removing or using parts thereof shall be permitted.
(Ord. 17093, § 2, passed 8-8-2006; Ord. 23609-03-2019, § 10, passed 3-19-2019)
§ 5.134 STORE, LARGE RETAIL.
   (a)   Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G” and “H” and to large retail stores in “I,” “J” and “K” that are located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property.
      (1)   Applicability. The following regulations apply to:
         a.   Large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district; and
         b.   Large retail stores in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, provided, however, the regulations do not apply if there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. For purposes of this section RESIDENTIAL PROPERTY means a one- or two-family residential district or property used for one- or two-family residential purposes. Measurement shall be from the property line of the large retail store to the boundary line of a one- or two-family residential district or the property line of property used for one- or two-family use.
      (2)   Standards and guidelines. Standards and guidelines set out below require a basic level of architectural variety, compatible scale and mitigation of negative impacts. “Guidelines” are not mandatory, but are provided in order to educate planners, design consultants, developers and city staff about design objectives. “Standards” are mandatory.
      (3)   Landscape and buffering on streets. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301, a minimum 20-foot irrigated and landscaped bufferyard shall be provided along all street frontages to screen the view of the property from the public rights-of-way. Such screening shall be provided using hedges, berms or mass plantings to a height of not less than 24 inches with live groundcover. A minimum of one three-inch caliper canopy tree every 50 feet shall be provided with a mature height of 25 feet by industry standards.
      (4)   Landscaping in parking lot. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301 and the 20-foot landscaped bufferyard described above, one three-inch caliper tree within an irrigated landscape island of not less than 150 square feet with live groundcover shall be provided for every 100 parking spaces, or fraction thereof. A separate irrigated landscape island is required for every 100 parking spaces; the required 150-square foot landscape areas cannot be combined to create fewer, larger landscape islands. In addition, each end of a parking strip shall have an irrigated landscape island planted with a minimum of one three-inch caliper tree and three shrubs within an area of not less than 300 square feet with live ground cover. Additional landscaping is required if parking exceeds one space per 250 square feet of gross floor area, in accordance with subsection (a)(10) below.
      (5)   Building materials and color.
         a.   Guidelines. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the surrounding area.
         b.   Standards.
            1.   Materials. All building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall) shall be of architectural block, brick, stone or tinted, textured concrete masonry units. Tilt-up concrete construction is permitted, provided the exterior surface is textured or covered with brick, stone or material fabricated to simulate brick or stone. Stucco and EIFS (exterior installation finished system) are permitted, up to a maximum of 30% of a facade area. Smooth concrete block and prefabricated steel panels are prohibited.
            2.   Colors. Except for brick or stone, surfaces shall be painted in subtle, neutral or earth tone colors, specifically including without limitation white, tan, brown and gray. Trim and accent areas may feature brighter colors, including primary colors. Metallic or fluorescent colors are prohibited. Accent colors on each facade shall be limited to a maximum of 25% of the facade area for logo colors and a maximum of 10% of the facade area for other accent colors. A logo color is a color commonly used by a large retail store as an identifying characteristic.
      (6)   Architectural features.
         a.   Guidelines. Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest.
         b.   Standards. Architectural features on building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements. No uninterrupted length of any facade shall exceed 100 feet. See illustrations of architectural features attached as Exhibit “A-1.”
            1.   Variation in color and materials;
            2.   Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade, not to exceed 100 feet;
            3.   Variation of a minimum of two feet in the height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;
            4.   Pilasters projecting from the plane of the wall by a minimum of 16 inches. The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged;
            5.   Canopies projecting a minimum of ten feet from the plane of the primary facade walls; and
            6.   Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 50 feet.
      (7)   Attached signs. Attached on-premises signs shall be limited to 10% of each wall face. No wall signage shall be back-lighted or illuminated to such an intensity or brilliance as to cause glare or impair vision.
      (8)   Detached signs. Detached on-premises signage shall be limited to one sign per large retail store; provided, however, two signs shall be permitted when the large retail store is located on a corner lot or through lot. A sign shall be located at the main entrance to the property. The sign(s) shall be of monument type no larger than 128 square feet in area and eight feet high. In the alternative, a unified sign agreement may be approved in accordance with § 6.410(f). Such uniform sign agreement shall not be restricted by the 128-square foot area and eight-foot height limitations. Signs shall not be illuminated to such intensity or brilliance as to cause glare or impair vision. Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or residential property.
      (9)   Outdoor display, sales and storage.
         a.   Applicability. The outdoor display, sales and storage regulations in this section apply to the following retail establishments:
            1.   General merchandise stores and home improvement stores in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” intensive commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. All large retail stores in the “E,” “FR,” “F,” “G” and “H” districts, other than general merchandise stores and home improvement stores, shall comply with the outdoor storage and display requirements in § 5.306; and
            2.   Large retail stores, including without limitation general merchandise stores and home improvement stores, in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. Outdoor display, sales and storage are permitted for all large retail stores in the “I,” “J” and “K” industrial districts that are not within 500 feet of residential property or where there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property, subject only to compliance with height, setback and other development regulations for the applicable district.
         b.   Sidewalk display and cart storage. “Sidewalk” display is a term commonly used in the retail industry to describe display areas along the front of a building. Nothing herein permits storage, display or sale of any item on property that has been dedicated for public use. Sidewalk display and cart storage in the sidewalk display area are subject to the following restrictions.
            1.   Merchandise may be displayed and carts may be stored within 20 feet of the front of the building.
            2.   No single item may exceed 12 feet in height.
            3.   Items may not be stacked to exceed six feet in height.
            4.   A clearly delineated pedestrian walkway at least four feet in width shall be provided contiguous to the 20-foot display and cart storage area to provide unimpeded pedestrian access to the building.
            5.   An area the width of the customer entrance and exit door(s) plus 15 feet on either side of the door(s) shall be maintained clear of merchandise and carts to allow unimpeded pedestrian access to the building.
            6.   Areas for customer loading of merchandise shall be clearly delineated and shall not be located in front of any customer entrance or exit door(s) or within 15 feet on either side of the door(s).
            7.   This section does not prohibit storage of carts in the parking lot, but merely regulates storage of carts in the sidewalk display area.
            8.   Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.
         c.   Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the building in accordance with this subsection (a)(9)c. The total square footage of all permanent outdoor storage, display and sales areas permitted by subsections (a)(9)c.1., (a)(9)c.2. and (a)(9)c.3. below shall be limited to 10% of the footprint of the building, but in no event shall exceed 15,000 square feet. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within 100 feet of residential property. Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.
            1.   Permanent outdoor display, storage and sales: general merchandise stores. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees shall be visible above the wall or fence.
            2.   Permanent outdoor display, storage and sales: home improvement stores. The permanent storage, display and sales area shall be enclosed by a chain link fence covered with windscreen or wall of like material to the building with a minimum height of eight feet. Windscreen shall be maintained in good repair and free of tears. Merchandise may be stacked up to 25-feet high or level with the top of the adjacent side wall, whichever is lower, but may not be stacked above the height of the wall or fence. The roofline on the front facade shall have architectural features, such as gables or parapets, to obscure merchandise stored in the area.
            3.   Large retail stores in “I,” “J” and “K” industrial districts within 500 feet of residential property (other than home improvement stores, which are subject to subsection (c)(2) above), unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees may be visible above the top of the wall or fence.
         d.   Seasonal outdoor display and sales: Christmas trees may be displayed for sale. In addition, bedding plants, trees, shrubs, potting soil and bagged yard products including without limitation fertilizer, bark, mulch, peat moss and play sand may be displayed from March 15 to June 15. The seasonal outdoor sales area shall be limited to 10% of the footprint of the building but in no event shall exceed 12,000 square feet. No merchandise may exceed five feet in height, except Christmas trees.
         e.   Rear storage: bulk merchandise may be stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped bufferyard pursuant to subsection (b)(2) below. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to customers. Merchandise shall be stacked no higher than 25 feet or level with the top of the adjacent side wall of the building, whichever is lower, and may not be stacked above the height of the chain link fence.
      (10)   Parking. A minimum of one parking space per 250 square feet of gross floor area, or fraction thereof, shall be provided. Additional parking may be provided, with a maximum of one space per 200 square feet of gross floor area, or fraction thereof. An irrigated landscape island of at least 150 square feet with one three-inch caliper tree and live groundcover, in conformance with subsection (a)(4) above, shall be provided for each 50 parking spaces, or fraction thereof, exceeding one space per 250 square feet of gross floor area. These requirements supersede the parking requirements of § 6.201(b). All other requirements of Chapter 6, Article 2, “Off-Street Parking and Loading” requirements apply. In the event of any inconsistency, the stricter requirements shall apply.
      (11)   Parking lot lighting. Light poles shall be no more than 35 feet in height and painted black, dark gray or dark green or have bronze oxidant protective coating. The main entrance shall be lit to be distinguishable from surrounding ambient lighting. See subsection (b)(8) below for additional lighting requirements within 140 feet of residential property.
      (12)   Vehicular access. No large retail store shall be located on a public right-of-way or private street less than four lanes (two in each direction) on at least one side of the property.
      (13)   Traffic impact study. Where traffic generated by the project is anticipated to exceed 4,000 trips per day, as determined by the director of the department of transportation and public works or his or her designee, a traffic assessment shall be required defining on-site and off-site improvements necessary to accommodate the impacts of the project.
   (b)   Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G,” “H,” “I,” “J” and “K” in proximity to residential property.
      (1)   Applicability. The following regulations apply to large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial, “H” central business, “I” light industrial, “J” medium industrial and “K” heavy industrial districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. The wall and buffering requirements of subsection (b)(2) below apply only to large retail stores that share a common boundary with residential property or whose property line is less than 20 feet from residential property. Subsection (b)(3) below establishes setback requirements from residential property. Subsections (b)(4) through (b)(7) below establish restrictions on certain activities within 100 feet of residential property. Subsection (b)(8) below establishes lighting requirements within 140 feet of residential property. RESIDENTIAL PROPERTY means a one-or two-family residential district or property used for one- or two-family residential purposes. See illustration of regulations applicable within 100 feet of residential property attached as Exhibit “A-2.”
      (2)   Wall and landscaped bufferyard. An eight-foot masonry wall of brick, stone, split block or concrete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels. If the large retail store property and residential property are separated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. In addition to the landscape requirements of § 6.301, a 20-foot wide irrigated and landscaped bufferyard shall be provided with three-inch caliper canopy trees with a mature height of 25 feet by industry standards planted every 20 feet in an overlapping pattern such that the canopy creates a solid visual screening at maturity and live groundcover.
      (3)   Setback. All structures shall be set back three feet from all one- or two-family residential districts or the property line of all property used for one- or two-family residential purposes for each one foot in overall vertical building height. For the purpose of determining such setback, building height shall be measured from the lowest finished grade along the building face to the peak of the roof on the building facade facing residential property.
      (4)   Activities and equipment permitted within 100 feet of residential property. The area within 100 feet of residential property may be used only for driveways, emergency access easements, employee parking, paving, landscaping and maneuvering space.
      (5)   Pickup and delivery.
         a.   Distance requirements from residential. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within 100 feet of residential property. Loading docks shall be located more than 100 feet from residential property.
         b.   Additional night-time restrictions. No delivery vehicle may be driven within 100 feet of residential property between the hours of 10:00 p.m. and 7:00 a.m. No delivery vehicle within 100 feet of residential property shall have its engine, refrigeration unit or generator running between the hours of 10:00 p.m. and 7:00 a.m. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 10:00 p.m. and 7:00 a.m. provided that all activity occurs inside the truck or trailer or within the building.
      (6)   Trash collection and compaction. Trash collection and compaction may not occur within 100 feet of residential property.
      (7)   Mechanical equipment. No mechanical equipment may be located within 100 feet of residential property. Mechanical equipment shall be screened in accordance with § 6.301(d).
      (8)   Lighting. Lighting within the 20-foot bufferyard adjacent to residential property shall not exceed one foot candle at ground level. Light poles within 140 feet of residential property shall not exceed 20 feet in height and shall be shielded away from residential property. All other light poles shall not exceed 35 feet in height. All light poles shall be painted black, dark gray or dark green or have bronze oxidant protective coating.
      (9)   Pedestrian walkway. A pedestrian walkway shall be provided between any public transportation stop adjacent to the large retail property and the main entrance. The pedestrian walkway shall be clearly delineated with pavement striping and shall be a minimum of six feet wide.
   (c)   Variances by board of adjustment. As provided by state law, the board of adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the section would result in unnecessary hardship, and so that the spirit of the section is observed and substantial justice is done. As provided by state law, a “hardship” does not include financial hardship resulting from compliance with this section. The city manager or a designee shall report monthly to the city council any variances granted to this section.
   (d)   Expansion. Any building expanded to a footprint exceeding 50,000 square feet to be used as a large retail store shall comply with the provisions of subsection (a) above or shall be located in a planned development district.
(Ord. 14331, § 5, passed 9-5-2000; Ord. 14624, § 12, passed 5-15-2001; Ord. 17093, passed 8-8-2006)
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