§ 159.27 (LR) LOCAL RETAIL DISTRICT REGULATIONS.

(1) This district is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.

(2) The Duplex Residential District is established to provide adequate space and site diversification, duplex type residential development with two dwelling units per lot, and almost twice the density of a typical single-family development, and to adjust the area requirements accordingly.

(3) Duplex type development is a low to medium density use, and additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space shall be met before development to such use.

(4) Duplex developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;

(2) One single-family detached dwelling must meet the requirements of the SF-15 District;

(3) One duplex on a lot with fire retardant walls, separate utility meters, and separate sewer lines;

(4) One accessory building not larger than 120 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;

(5) Accessory buildings not larger than 100 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;

(6) Temporary real estate sales offices located on property being sold, limited to the period of sale with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(7) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) All municipality owned or controlled facilities, utilities, and uses;

(10) Private residential swimming pools as an accessory to a residential use;

(11) Home occupations;

(12) Private unlighted residential tennis counts on the same lot as an accessory to a residential use;

(13) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and

(14) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.

(1) Associated recreation and/or community clubs;

(2) Facilities for those utilities holding a franchise in the city;

(3) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(4) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and

(5) Agricultural use.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district;

(3) Any use of property that does not meet the required minimum lot sizes; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required; and

(4) Day care centers.

(E) Area requirements.

(1) Single-family detached units shall meet the area requirements of the SF-15 District;

(2) Minimum lot area: 15,000 square feet;

(3) Maximum number of single-family attached dwelling units per lot: two;

(4) Minimum square footage per each attached dwelling unit: 1,200 square feet;

(5) Minimum lot width: 90 feet at front building line;

(6) Minimum lot depth: 175 feet;

(7) Minimum depth of front setback: 30 feet;

(8) Minimum depth of rear setback: 25 feet;

(9) Minimum width of side setback:

(a) Abutting structures separated by fire retardant walls: 0 feet;

(b) Internal lot: ten feet; and

(10) Minimum distance between buildings on the same lot or parcel of land: 15 feet;

(11) Minimum length of driveway pavement from the public right-of-way on a side or rear yard: 20 feet;

(12) Maximum height of structures: 35 feet;

(13) Maximum building coverage as a percentage of lot area: 45% of lot area; and

(14) Minimum number of paved parking spaces required for:

(a) Each attached residential dwelling unit: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirements); and

(b) All other uses: see §§ 159.60 through 159.68.

(2005 Code, § 12-2-5) (Ord. 000615, passed - -; Ord. 181211B, passed 12-11-2018)

§ 159.25 (TH) TOWNHOUSE RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The Townhouse Residential District is established to provide adequate space and site diversification for residential development that is single-family, on separate lots, and typically owner occupied.

(2) The zone recognizes the difference between single-family detached and single-family attached dwelling units, and has adjusted the area requirements accordingly.

(3) Areas zoned for this use shall have or provide for water and fire protection, wastewater, drainage, access to paved streets, and adequate open space should be met or provided for before zoning to this district.

(4) Townhouse developments must be properly buffered from nonresidential usage and protected from high volumes of non-single family traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;

(2) One single-family detached dwelling (other than zero lot line detached dwellings) shall meet the area requirements of division (E) below; and one single-family detached zero-lot line dwelling shall meet the area requirements of division (F) below;

(3) Townhouses, attached; or patio homes, detached, with fire walls and zero-lot line;

(4) Temporary real estate sale offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and a one-year extension being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times; and

(5) One accessory building not larger than 120 square feet of floor area nor taller than ten feet in height, used as an accessory to a residential use on the same lot.

(1) Associated recreation and/or community clubs;

(2) Facilities for those utilities holding a franchise in the city;

(3) Paved parking facility for nonresidential uses that are not allowed in this district provided they are properly screened, buffered, and landscaped;

(4) Mobile construction offices;

(5) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(6) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;

(7) Agricultural use; and

(8) Day care center and day nursery.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and

(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width.

(E) Area requirements.

(1) Single-family dwellings (other than zero-lot line detached dwellings) and duplexes shall meet the area requirements of this division (E);

(2) Minimum lot area: 10,000 square feet;

(3) Maximum number of single-family attached dwelling units per lot: two;

(4) Minimum square footage per dwelling unit: the first floor of each attached dwelling unit shall contain at least 1,200 square feet of enclosed living space;

(5) Minimum lot frontage on a public street: 80 feet;

(6) Minimum lot depth: 100 feet;

(7) Minimum depth of front setback: 30 feet;

(8) Minimum depth of rear setback: 25 feet;

(9) Minimum width of side setback:

(a) Abutting structures separated by fire retardant walls: 0 feet;

(b) Internal lot: 20 feet; and

(10) Minimum separation between attached buildings: every 250 feet there shall be a minimum of 20 feet between buildings;

(11) Minimum distance between buildings on the same lot or parcel of land: 20 feet;

(12) Minimum length of driveway pavement from the public right-of-way from R.O.W. line to building line or 20 feet whichever is greater;

(13) Maximum height of structures: 35 feet;

(14) Maximum building coverage as a percentage of lot area: 45%;

(15) Minimum amount of permanent, landscaped open space: 10% of total lot;

(16) Minimum number of off-street parking spaces required for:

(a) One single-family attached or detached dwelling unit:

1. Rear or side entry garage: two spaces; and

2. Front entry garage: two spaces. An enclosed garage shall not be considered in meeting the off-street parking requirements.

(b) All other uses: see §§ 159.60 through 159.68.

(17) All common walls shall be constructed of masonry or other fireproof material of ten-inch minimum thickness and extended from the finished floor level to two feet above the roof line.

(F) Area requirements; zero-lot line.

(1) The zero-lot line Townhome District is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.

(2) Single-family zero-lot line detached dwellings shall meet the area requirements of this division (F);

(3) Lot area and density:

(a) Minimum lot area: 6,000 square feet; and

(b) Maximum density: no more than five dwelling units per acre.

(4) Minimum square footage per dwelling unit: the floor of each dwelling unit shall contain at least 1,500 square feet of enclosed living space;

(5) Minimum lot frontage on a public street, as measured at the platted front building line: 50 feet;

(6) Minimum lot depth as measured perpendicularly to the center point of the platted front building line: 90 feet;

(7) Minimum depth of front setback: 20 feet;

(8) Minimum depth of rear setback:

(a) Main building: 15 feet; and

(b) Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(9) Minimum width of side setback:

(a) Zero lot line abutting adjacent side yard:

1. Main building, one side: zero feet; and

2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(b) Internal lot:

1. Main building: side opposite zero setback: ten feet; and

2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(10) Minimum length of driveway pavement from the public right-of-way or rear alley right-of-way: 20 feet;

(11) Maximum building coverage as a percentage of lot area: 50%;

(12) Maximum height of structure: 36 feet; and

(13) Minimum number of off street parking spaces:

(a) Rear or side entry: two spaces;

(b) Front entry garage: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirement); and

(2005 Code, § 12-2-6) (Ord. 941006A, passed - -; Ord. 000323C, passed - -; Ord. 000615, passed - -; Ord. 010419, passed - -; Ord. 010419D, passed - -; Ord. 181211B, passed 12-11-2018)

§ 159.26 (MF-8) HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The (MF-8) High Density Multi-Family District is established to provide adequate space and site diversification for high density areas.

(2) This zone allows high density developments, and should be located where additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space are met. MF-8 uses should not run traffic over long distances of single-family neighborhoods, and should be located close to arterials or collectors capable of carrying the additional traffic.

(3) Multi-family developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential land uses and traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;

(2) One single-family detached dwelling must meet the requirements of the SF-15 District;

(3) Duplexes meeting the requirements of the (DP) Duplex Residential District;

(4) For one townhouse, or patio home per lot, structures must meet the area requirements of the TH District;

(5) Multiple-family dwelling units;

(6) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such office to be maintained at all times;

(7) Temporary on-site construction offices limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such office to be maintained at all times;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) Home occupations;

(10) Municipally owned or controlled facilities, utilities, and uses;

(11) Accessory recreational uses such as tennis courts or swimming pools, designed for use by residents of a specific project. Lighting for such uses shall be designed so as not to glare across property lines, nor glare into residential areas on the same property;

(12) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and

(13) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.

(1) For associated recreation and/or community clubs, the uses shall be included in calculating the coverage requirements of this district;

(2) Facilities for those utilities holding a franchise in the city;

(3) Portable buildings on the same lot;

(4) Paved parking facilities for nonresidential uses not allowed in this district, if properly screened, buffered, and landscaped;

(5) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;

(6) Day care centers;

(7) Agricultural use; and

(8) One storage building used as an accessory to a residential use on the same lot.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and

(3) Any use of the property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre is required.

(E) Area requirements.

(1) Townhouses shall meet the requirements of the TH District;

(2) Duplexes shall meet the requirements of the DP District;

(3) Minimum site lot area, as defined herein: one acre;

(4) Minimum living area: 1,000 square feet;

(5) Maximum density per each acre: eight units/acre;

(6) Minimum lot frontage on a public street: 100 feet;

(7) Minimum lot depth: 100 feet;

(8) Minimum depth of front setback: 30 feet;

(9) Minimum depth of rear setback:

(a) One-story structure: 25 feet; and

(b) Two-story structure: 50 feet.

(10) Minimum width of side setback:

(a) Abutting a single-family, townhouse, or duplex district:

1. One-story structure: 25 feet; and

2. Two-story structure: 50 feet.

(b) Internal lot: 20 feet; and

(11) Minimum distance between buildings on the same lot or parcel of land:

(a) Ten feet from main to accessory buildings;

(b) Twenty feet for two main buildings with doors or windows in facing walls; and

(12) Maximum building coverage as a percentage of lot area, as defined herein: 45%;

(13) Maximum height of structures: 36 feet; and

(14) Minimum amount of permanent, landscaped open space: 20% of total lot area, as defined herein, with 30% of total requirement located in the required front yard as defined. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes, and approved by the Building Official;

(F) Required conditions.

(1) Any owner, builder or developer of a multiple-family dwelling complex or single-family townhouse attached unit shall submit to the Architectural Review Board and the Planning and Zoning Commission for review and approval, the site and building plan for the proposed development at the time the zoning request is made. In any case, a site plan shall be submitted and approved prior to an application for a building permit. The contents of this site plan shall contain drawings to scale to indicate as needed:

(a) Location of all structures proposed and existing on the subject property and within 20 feet on adjoining property;

(b) Landscaping and/or fencing of yards and setback areas and proposed changes;

(d) Location of adjacent zoning districts;

(e) Off-street parking and loading facilities;

(f) Height of all structures;

(g) Proposed uses;

(h) Location and types of all signs, including lighting and heights;

(i) An outdoor lightning plan in conformance with Chapter 98, “Outdoor Lighting/Dark Sky Ordinance”, as amended, to the extent practicable.

(j) Fire lanes;

(k) Solid waste facilities; and

(l) Utility service locations.

(2) The purpose of the site plan review is:

(a) To insure compliance with the Zoning Ordinance, while allowing for design flexibility;

(b) To assist in the orderly and harmonious development of the city;

(d) To provide protection from fire;

(e) To avoid undue concentrations of population and overcrowding of land; and

(f) To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

(3) After receiving a recommendation from the Architectural Review Board, the Planning and Zoning Commission may approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this chapter and other applicable ordinances, and if the Commission finds that the proposed development will not be detrimental to the health, safety or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to the neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the city; and

(4) The site plan shall be submitted to the City Secretary two weeks prior to the regularly scheduled Architectural Review Board meeting for review as established by the Architectural Review Board.

(2005 Code, § 12-2-7) (Ord. 000615, passed - -; Ord. 181127B, passed 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)

§ 159.27 (LR) LOCAL RETAIL DISTRICT REGULATIONS.

(A) Purpose. This section is intended to preserve the public health, safety, morals, and promote the general welfare of the residents of the city by creating regulations and construction standards for the establishment of local retail districts within the city. Particular consideration is given to the necessity of septic sewage systems, the regulation of density developments, the preservation of the rural environment, establishment of noise and site buffer zones, and promotion of quality development likely to hold its value and provide fire protection and safety.

(B) Permitted uses.

(1) Buildings within this district shall be restricted to the following uses: retail stores, offices, photographic studios, financial institutions, restaurants, municipal buildings, grocery stores, medical and dental offices and clinics, dry cleaning establishments or pickup stations (excluding central dry cleaning plants), barber shops, beauty shops, drug stores, day care, and mortuary or funeral chapel. Any high noise or industrial use is not permitted. All other uses are prohibited.

(2) Retail establishments may sell beer and wine for off-premise consumption pursuant to state law and Chapter 116 of this code by right if they are located on property that was within the city limits as of May 12, 2012;

(3) Alcoholic beverage sales. See Chapter 116 , Sale and Distribution of Alcoholic Beverages, of this code.

(1) Any form of drive-in or drive-through, including a service window for pick-up, associated with a retail establishment.

(2) Gasoline service station.

(3) Any form of gas fueling station associated with retail use.

(D) Required conditions.

(1) All business operations including storage shall be conducted within a completely enclosed building (except for off-street parking or loading). Sales displays shall be confined to the structures authorized in this chapter. Sales displays outside of the structures authorized in this chapter are prohibited, except by special temporary permit; and

(2) Any owner, builder, or developer of a tract or parcel of land located within this district shall submit, prior to the issuance of a building permit, to the Architectural Review Board, Planning and Zoning Commission, and City Council for review and approval, a site building plan and an outdoor lighting plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in § 159.40. Upon approval, the development shall comply with approved site plan requirements. The contents of the outdoor lighting plan shall comply with the requirements as specified in Chapter 98, as amended.

(E) Area requirements.

(1) Minimum lot area, as defined herein: one acre;

(2) Minimum site frontage on a public street: 100 feet;

(3) Minimum site depth: 200 feet;

(4) Minimum depth of front setback: 50 feet, without parking. First 20 feet shall be landscaped buffer with a minimum two and one-half foot earthen berm;

(5) Minimum width of side setback: 20 feet.

(6) Minimum depth of rear setback: 20 feet;

(7) Minimum distance between detached buildings on the same lot or parcel of land: 20 feet;

(8) Minimum requirement for construction:

(a) Structures: buildings shall have a concrete foundation and floor. Weightbearing walls shall be of masonry material. Non-weightbearing walls shall be constructed with metal studs;

(b) Roofing: shall be 100% noncombustible. Wooden shingles are prohibited;

(c) Exterior building facing: each building facing shall consist of 80% masonry materials, subject to the masonry provisions contained in § 159.07; and

(d) Septic tank and lines shall not be under paved areas.

(9) Minimum square footage of building 1,200 square feet;

(10) Maximum square footage of building: 30,000 square feet;

(11) Maximum building coverage as a percentage of lot area, as defined herein: 40%;

(12) Maximum amount of impervious coverage as a percentage of lot area, as defined herein: 65%;

(13) Minimum amount of landscaped areas as a percentage of total lot area, as defined herein: 35%, with 50% of the total requirement located in the required front yard. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes and approved by the building official;

(14) Minimum distance between landscaping berm and entrance: ten feet;

(15) Maximum height of structures: 25 feet. Any structure over 25 feet shall require a conditional use permit. If building height exceeds 25 feet, the building shall be set back an additional amount of one-half the height of the building which exceeds 25 feet from all lot lines abutting residentially zoned property measured along a line equal to the median grade level;

(16) Minimum number of paved off-street parking spaces required: see §§ 159.60 through 159.68;

(17) Entrance and/or exit requirements: minimum of two;

(18) Lots with nonresidential uses that have a side or rear contiguous or separated only by an alley or easement, from any residential district must be separated from such residential district by a masonry wall with a minimum height of six feet permanently maintained by the owner;

(19) Sidewalks shall be required along all streets with a minimum four-foot width. Access ramps to sidewalks for wheelchairs will be required; and

(20) The building code may impose more restrictive area requirements depending on the size, use, and construction of the structures.

(2005 Code, § 12-2-8) (Ord. 050915D, passed 9-15-2005; Ord. 120417D, passed 4-17-2012; Ord. 150414B, passed 4-14-2015; Ord. 181127A, passed 11-27-2018; Ord. 181127B, passing 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)

§ 159.28 (PD) PLANNED DEVELOPMENT DISTRICT.

(A) Purpose.

(1) The city has adopted a Comprehensive Plan which provides for: the maintaining of the current overall density in the city of one dwelling unit per developable acre of lot area, as defined herein; rezoning of the current agricultural and one-acre zoned areas allowing smaller lot sizes only on an exception basis; and generally maintaining the open, rural atmosphere of the city.

(2) This district is being adopted primarily to facilitate the goals of the Comprehensive Plan by providing the city a zoning district which allows the confirmation of developments proposed by applicants that have varying lot sizes within a given tract(s) of land and which fall between existing zoning categories. This district does not allow a greater number of residential lots than would otherwise be achieved by SF-43 zoning, but instead allows limited flexibility in lot sizes to accommodate particular topography and other natural conditions. The district does not permit mixing of residential and retail or commercial uses, as mixed use residential is not a land use established by the Comprehensive Plan.

(3) A planned development (PD) is generally on tracts of land of ten acres or more (but may be considered on smaller tracts) and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

(4) The minimum required amount of acreage in a proposed project for which application for a Planned Development District is made shall be given consideration by the Planning and Zoning Commission with recommendations forwarded to the City Council. Other purposes of the district are to maintain conformity with the Comprehensive Plan, encourage creative development of the land, preserve the natural amenities of land, provide locations for well-planned comprehensive developments, and allow for variety and flexibility in the development patterns of the city.

(5) Although this district permits the flexibility of having different densities in different portions of the district, this district does not allow clusters of dense residential development but instead to facilitate maintenance of current overall density of one dwelling unit per developable acre as described in the Comprehensive Plan.

(6) The Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedures established herein.

(B) Uses permitted. A Planned Development District may only be approved for a use or combination of uses provided for in this chapter including special use permits. The uses permitted in any specific Planned Development District shall be enumerated in the ordinance establishing the districts.

(1) In accordance with the Comprehensive Plan, land that is classified within any floodplain, also referenced as the 100-year floodplain with fully developed conditions for the entire watershed, shall not be reclaimed nor included as lot area.

(2) To comply with the goals of the Comprehensive Plan, higher percentages of open space should be required as the density is increased or the lot sizes decreased.

(3) The designation of open space as improved, partially improved, or unimproved shall be subject to the approval of the Planning and Zoning Commission. The designations shall be determined in consultation with the developer, preferably with on-site inspections and the Planning and Zoning Commission may divide a given area into two or more designations. In making this determination the Planning and Zoning Commission shall be guided by the following factors:

(a) The size and location of these areas in relation to the overall area of the Planned Development District;

(b) The degree to which these areas contribute to the quality, livability, and amenity of the Planned Development District; and

(D) Area and other requirements.

(1) Except as otherwise provided in this section, area requirements for each use shall be within the maximum and minimum standards applicable to such use as if the use was situated in the zoning district to which it is most similar as determined by the Planning and Zoning Commission, or demonstrate that the intent of the standards has been met in accordance with good planning practices. The zoning district most similar to each use shall be stated in the granting ordinance. Also, in the Planned Development District, each use shall conform to the regulations of the zoning district to which it is most similar as determined by the Planning and Zoning Commission, and the Planned Development District shall conform to all other sections of the Zoning Ordinance, unless specifically excluded in the granting ordinance. All applications to the city shall list all requested differences, if any, from the standard requirements set forth throughout the Zoning Ordinance (applications without this list will be considered incomplete).

(a) Average lot size shall remain one acre lot area, as defined herein.

(b) Minimum lot size shall be one-half acre of lot area, as defined herein.

(c) Lots less than three quarters of one acre of lot area, as defined herein, shall constitute no more than 5% of total number of lots in any planned development and lots between three quarters of one acre and one acre of lot area, as defined herein, should constitute no more than 15% of the total number of lots in any planned development.

(d) Lot area, as defined herein, may not be counted towards both residential and commercial or retail purposes. Portions of a development that will be used for commercial or retail purposes may not be included or credited towards residential density calculations.

(2) Modification of the area requirements contained in this section may be allowed by the Planning and Zoning Commission and the Council when all of the following circumstances are met:

(a) The proposed modifications substantially meet the intent of the Zoning and Subdivision Ordinances;

(b) The proposed modifications help preserve the natural amenities of the land and/or are justified by unusual or unique characteristics of the subject property; and

(c) The proposed modifications shall not be granted to relieve a self-created or personal hardship, nor for financial reason only.

(E) Application process. An application for a Planned Development District shall be made to the Planning and Zoning Commission in the same manner that an application for a zoning change is made. An application shall include and be accompanied by a concept plan as required by this section, which when finalized shall become a part of the amending ordinance. A complete development plan as set out in division (E)(2)(e) below, may be substituted for a concept plan, and will constitute both the concept plan and the development plan. In addition to the requirements outlined in divisions (E)(1)(b) and (2)(f) below, the Planning and Zoning Commission and City Council may require additional information or special plans related to specific elements of the Planned Development and may require information described in division (E)(2)(f) below with the concept plan. Upon receipt of the application and concept plan, the City Secretary or designated representative shall follow notification requirements for a public hearing as specified in this chapter.

(1) Concept plan.

(a) An applicant may submit a concept plan with the application for a Planned Development District if the applicant is not ready to begin development of part or all of the site. The concept plan shall contain all information that may be necessary to insure that the development complies with all applicable regulations and requirements. The application shall contain a disclosure and representation indicating whether or not any contiguous or other neighboring properties are owned, under contract or otherwise controlled by the applicant or related parties in the form and substance from time to time prescribed by the City Attorney. Although an applicant may not include such a neighboring property in its application, the city should be aware that it on its own motion may initiate a zoning case on any property within the city.

(b) The concept plan shall be prepared on a topography base map at a scale of one inch=100 feet, or at a scale to be specified by the city staff, along with an eight and one-half-inch by 11-inch reduction, with no less than five-foot contour intervals, unless the City Manager or Planning and Zoning Commission agrees to greater intervals, and shall include all items in § 158.05 above, concept plan of the Subdivision Ordinance and the following information, unless the City Manager or Planning and Zoning Commission waives any of such items (and other items which are required in the development plan or otherwise deemed necessary by the Building Official, the City Manager, the Planning and Zoning Commission or the City Council):

1. A metes and bounds description of the entire planned development tract;

2. A drawing generally locating floodplain areas, specifically protected floodplain areas, water bodies, creeks, drainage areas and significant natural features such as major tree groups and important view corridors. The acreage of the area of protected floodplain shall be identified on the plan;

3. Sufficient evidence to establish that the applicants are in fact all of the owners or have control of all of the outstanding interests in the land and structures thereon;

4. A drawing locating all land use areas, providing a preliminary layout of the lots and interior streets in each area, showing proposed gross acreage of each use, open space, maximum lot coverage’s, maximum height, minimum setbacks, residential densities, approximate gross floor area and floor area ratios for all commercial and office uses;

5. Location of all major access points, thoroughfares and collectors within the development;

6. Identification of all major land use classifications and the approximate acreage within the development as related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish area requirements as established within the zoning district, but these requirements shall be used as guidelines in the final determination of area requirements;

7. Indication of each phase of development if the proposed planned development is to be in separate phases;

8. Indication by acreage or percentage of total development all major areas planned for public and private open space;

9. Land area included within the site and the land area of all abutting sites with the zoning classifications thereon, and dimensions and locations of all public and private rights-of-way and easements bounding and intersecting the site;

10. The location and height of each wall, fence and screen planting used as a buffer between the uses and from adjacent property owners and the location of all outdoor lighting features in conformance with Chapter 98;

11. All landscaped areas, including any reserved open space to be retained. Detailed landscaping plans may be required when necessary;

12. Estimates of traffic volumes and turning movements may be required;

13. The concept plan shall be signed by the applicant’s engineer and planner, if any. A location map shall accompany the concept plan, showing the relationship of the planned development to adjacent properties (noting the zoning classifications of such properties) and thoroughfares;

14. If the project is to be developed in phases, a proposed phasing plan that identifies the sequence of development and a time schedule for installation of major capital improvements to serve the developments;

15. A chart depicting the following information by phase:

a. Acreage of each proposed phase;

b. Total number of dwelling units by type and lot size; and

c. Minimum dwelling unit sizes.

16. A general description of any homeowners association requirements and covenants to be imposed on the property; and

17. A written description of all requested deviations from the base zoning district in each phase and any other special development standards.

(c) The application by the owner or owners to the Planning and Zoning Commission for approval of the concept plan shall be handled in the same manner as any zoning change under the Zoning Ordinance. The applicant shall submit copies of the concept plan to the City Secretary. After receiving the completed plan from the City Secretary and having the required public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council to either approve or deny the rezoning to planned development, and to either approve, modify or deny the concept plan and any conditions to such recommendation. Upon appeal and hearing before the City Council, the City Council may approve or deny the rezoning request and may approve, deny or modify the concept plan as submitted to the Planning and Zoning Commission and City Council.

(2) Development plan.

(a) Development plan, submission of. To begin development on all or part of a site, an applicant must submit a final development plan which after approval shall be recorded and kept on file by the city, together with a preliminary plat. The development plan must conform to the approved concept plan, either for the total Planned Development District, or for each phase. Consideration of a development plan which does not include major changes from the approved concept plan as determined jointly by the Building Official and City Manager and will not require additional public hearings.

(b) Submission to City Secretary. The development plan shall be submitted to the City Secretary in such a manner as prescribed herein and by any adopted policies of the Planning and Zoning Commission and shall include a checklist of items to be included on the development plan as submitted to the Planning and Zoning Commission and City Council.

(c) Major changes are same as amendments to Zoning Ordinance. Major changes in the development plan shall be considered the same as amendments to the Zoning Ordinance and the concept plan and shall be processed as required. The following changes are not considered major changes:

1. Changes that do not alter the basic relationship of the proposed development to adjacent property;

2. Changes that retain the character of the development;

3. Changes that do not significantly alter the uses permitted, or significantly increase the density, setbacks, height or coverage of the site; and

4. Changes that do not significantly increase the problems of traffic circulation, safety or utility requirements.

(d) Changes that are not major changes. Changes that meet the criteria in subsection (c) above as determined jointly by the Building Official and City Manager or otherwise determined by such officials not to be major changes, may be approved by the Planning and Zoning Commission and the City Council without public hearing.

(e) New application, filing fee and public hearing required if plan disapproved. If the development plan contains major changes from the approved concept plan and ordinance, the Planning and Zoning Commission and/or City Council shall reject and disapprove such a plan and require a new application, filing fee (optional) and advertised public hearing.

(f) Concept plan requirements. The development plan, in addition to those items included in the concept plan, shall include or show:

1. The development plan of the entire planned development or of the proposed phase at a scale of one inch = 100 feet, or as specified by city staff, and an 81-1/2 inches by 11 inches reduction showing the proposed finished grade of the area at two-foot intervals;

2. In addition to data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use;

3. A description of the proposed lot or lots and the boundaries thereof, proposed setbacks on the lots and proposed minimum dwelling unit sizes;

4. With the exception of single family dwellings, the location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area and the location of entrances and loading points thereof. If a particular type structure is to be built a number of times, a typical lot layout may be substituted;

5. All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transportation areas and illumination facilities for the same, including existing facilities to be relocated. Design criteria for illumination facilities may be required;

6. All pedestrian walks, malls and open areas for use by tenants or visitors;

7. All reservations for public uses, including parks, playgrounds, schools and other open spaces;

8. The location, size, height and orientation of each sign, except signs that are flat on building facades and that do not directly face property in a residential district, or directional signs;

9. Facilities for waste disposal for other than single-family uses;

10. Proposed street names for all public roads;

11. Elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. This division does not apply to single family, duplex and townhouse lots, unless required by the Planning and Zoning Commission;

12. Any and all of the required features may be incorporated on a single drawing if such drawing is clear and suitable for evaluation by city officials;

13. A legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility and any privately owned open spaces (including permanent access rights to such private space) must be submitted before the development plan will be approved. All such instruments shall be approved by the City Attorney as to legal form, and by the Planning and Zoning Commission and City Council as to suitability for the proposed use of the common area;

14. The title page of each application and set of plans shall be signed by the applicant’s architect, planner, landscape architect, engineer and/or land surveyor if these services are required. In addition to an engineer and a planner (if any), the applicant’s submittal may be required to contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment;

15. A list of any changes from the concept plan which are contained in the development plan;

16. Phases of development, including delineation of areas, building sites (where applicable), land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of development;

17. If standards or deviations approved with the concept plan are different from the base zoning district, such as lot sizes, building setbacks and similar requirements which are not uniformly applied to the development depicted in the plan, such standards and deviations shall be illustrated on the development plan; and

18. The full text of any homeowners or owners association requirements and covenants to be imposed on the property.

(g) Phase developments.

1. The concept plan shall be divided into sections of proposed development so that after a final development plan is approved for any section, there will be definitely established lines showing the resulting boundaries of the remaining PD District. Such division should be made in order that the unused portion of the site area could be rezoned to its previous or another classification and so that no more than a minimum amount of damage would result to the unused portion of the site from an usability standpoint if it were rezoned.

2. In reviewing and approving applications for a phased PD the city should seek to ensure that each phase (or each phase considered collectively with phases to be completed prior to such phase) conforms with the density and other requirements of the Comprehensive Plan, in order to avoid circumstances in which a phase is permitted to be completed which is not in conformity and in which subsequent phases are delayed for inordinate periods of time or are not completed.

3. Development plans for each phase may be submitted separately as the phases are ready for development.

(h) Effects of recording. All final development plans approved hereunder shall be binding upon the applicant, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.

(i) Issuance of permit.

1. Upon, but not before, the approval, of the development plan as herein set forth, and completion of platting requirements as set forth in the Subdivision Ordinance, the applicant(s) for said plan shall be entitled to apply for the permits and certificates as are necessary to proceed with the accomplishment of such plan.

2. Upon the approval of the concept plan and rezoning of a land parcel to PD, Planned Development District, and upon the approval of the development plan, the applicant shall proceed with the accomplishment of said development plan in accordance with all other ordinances of the City of Heath.

(j) Compliance with development plan. The Building Official shall ensure compliance with this chapter, the concept plan and the development plan. He or she shall:

1. Make inspections to determine compliance with the provisions of this chapter and the concept plan and development plan, and initiate appropriate action in accordance with the Comprehensive Zoning Ordinance;

2. Investigate thoroughly any complaints of noncompliance concerning the development plan and keep a record of all complaints, indicating any action taken; and

3. Upon determination of noncompliance with the development plan, the Building Official shall take action as follows:

a. Give written notice to the property owner of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

b. Notify the Planning and Zoning Commission of the noncompliance if the violations have not been corrected within the prescribed time period.

(k) Effect of development plan approval.

1. If development of a lot or tract with an approved development plan has not been completed within three years of its final approval by completing all of the streets and other improvements contemplated by such development plan and the related plat, the development plan and related plat shall be deemed to have expired and a new review and approval of a development plan and plat for development of the property shall be undertaken by the Planning and Zoning Commission and City Council upon application by the owner, and such new approval shall be required before a building permit may be issued for development. The review and approval shall be evaluated according to the standards of this chapter and the Comprehensive Plan, taking into account all changes to the ordinance and the Comprehensive Plan which have occurred subsequent to the prior development plan approval.

2. If the development plan is submitted in conjunction with an approved phasing plan for development of the lot or tract, the development plan shall be deemed to have expired if any phase is not completed within the time period approved for such phase. No development plan phase may be planned to exceed three years unless specifically authorized by the Planning and Zoning Commission and City Council when demonstrated that due to the size or complexity of the development the three-year time period would create a hardship. If any phase is not completed within the time period approved, the entire remaining uncompleted development plan and plat shall be deemed to have expired and the provisions of this division shall be followed.

3. Extension of an approved development plan may be granted by the Planning and Zoning Commission and City Council upon submission of a request for such extension by the property owner at least 90 days prior to the expiration of the plan. The Planning and Zoning Commission and City Council shall take into consideration any changes that have occurred in this chapter and the Comprehensive Plan subsequent to original approval of the plan and the property owner may be required to bring the plan into compliance with the current requirements. The period of time approved for any such extension shall be indicated in any approval but in no case shall the period of extension exceed three years.

(F) Development schedule.

(1) In addition to or in lieu of the requirements of division (E)(2)(k) above, an application for a Planned Development District shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, shall become part of the development plan and shall be adhered to by the owner, developer and their successors in interest. The City Council, in the ordinance approving the development schedule, may authorize the Planning and Zoning Commission to extend the development schedule or adopt a new development schedule without additional public hearings.

(2) Annually, where a development schedule has been required the Building Official shall report to the City Council the actual development accomplished in the various Planned Development Districts as compared with the development schedules.

(3) The Planning and Zoning Commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved scheduled, initiate proceedings to rezone the Planned Development District by removing all or part of the Planned Development District from the zoning district map and recommending that the area involved be placed in another appropriate zoning district. This recommendation shall be passed to the City Council as are other amendments to the Zoning Ordinance.

(4) The owner or owners may, at any time, apply to the Planning and Zoning Commission for an extension of the development schedule. The application shall be acted upon by the Planning and Zoning Commission and the City Council, or if the ordinance setting out the development schedules gives the authority to the Planning and Zoning Commission to extend the development time, the action of the Planning and Zoning Commission making extension shall be final. In the event the Planning and Zoning Commission denies the extension, the owner or owners of the property shall have a right of appeal to the City Council.

(G) Assuring completion of certain improvements.

(1) In addition to the requirements of division (C)(7) above, the Planning and Zoning Commission and City Council may specify in approving a Planned Development District more restrictive requirements and more accelerated completion schedules than those in that division for the completion of improvements to open space and may specify similar or more restrictive requirements and completion schedules for landscaping, screening walls and other improvements to be made in a Planned Development District.

(2) These requirements may include, but are not limited to, completion of certain improvements prior to the issuing of building permits or certificates of occupancy and the requirement of bonds or other financial support to guarantee completion.

(H) Coordination with Subdivision Regulation Ordinance.

(1) Processing under the Subdivision Ordinance shall be carried out simultaneously with the review of the development plan under this section.

(2) The development plan submitted under division (E) above shall be accompanied by a preliminary plat which meets the requirements of the Subdivision Ordinance. The preliminary plat shall be reviewed and approved by the Planning and Zoning Commission prior to the granting of any building permits.

(3) Every Planned Development District approved under the provisions of this section shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Development District shall be construed as conditions precedent to the granting of a certificate of occupancy.

(I) Continuation of existing planned developments. All Planned Development Districts approved in accordance with the provisions of this section or by subsequent amendments thereto shall be referenced on the zoning district map, and a list of the Planned Development Districts together with the category of uses permitted therein shall be maintained in the Appendix of this chapter.

(2005 Code, § 12-2-9) (Ord. 961212A, passed - -; Ord. 040617B, passed 7-1-2004; Ord. 181211B, passed 12-11-2018; Ord. 190514A, passed 5-14-2019; Ord. 220712A, passed 7-12-2022)

§ 159.29 TOWNE CENTER OVERLAY DISTRICT.

(A) The Towne Center Overlay District (the District), is contained as Exhibit A, attached to Ord. 220927E and incorporated herein by reference, and shall be on file in the City Secretary's office.

(B) That where the provisions of the Towne Center Overlay District conflict with the provisions of the underlying zoning district, the provisions of the Towne Center Overlay District shall control.

(1) In the case where certain standards are not addressed in this section, the city's existing relevant codes, as applied to the land use being proposed, shall prevail.

(2) The regulation of the sale of alcoholic beverages for off-premise consumption in the District shall be controlled by the underlying zoning of the property, by Chapter 116 of the Code of Ordinances, and by applicable state law.

(3) In the District, no density/intensity (units per acre/floor area ratio) limits shall apply. Density and intensity will be controlled by the following standards:

(a) Building height;

(b) Building setbacks;

(d) Impervious surface coverage;

(e) Parking requirements; and

(f) Drainage and detention area requirements of the city.

(1) The key roads within the District shall include the following thoroughfares:

(a) FM 740 (Laurence Drive);

(b) Hubbard Drive;

(d) FM 549;

(e) FM 1040 (Smirl Drive); and

(f) FM 550.

(2) New thoroughfares constructed within the interior of the District shall consist of sidewalks, street trees and/or building canopies, with buildings in relatively close proximity to the street.

(D) Permitted land uses.

(1) Unless otherwise restricted herein, multiple non-residential uses may occur within the same building. Existing uses that are legal at the time of this section's adoption shall be allowed to continue in accordance with the city's "existing non-conforming use" provisions as amended.

(2) The following land uses shall be permitted within the District. Those uses not listed among the specifically permitted uses on this page are not permitted within the District.

(a) Commercial uses.

1. Restaurants/pubs;

2. Retail stores;

3. Bakeries;

4. Antique shops;

5. Artisan workshops;

6. Gymnastics/dance studio;

7. Health/fitness center;

8. Offices;

9. Neighborhood theater;

10. Medical uses;

11. Financial institutions;

12. Farmer's market;

13. Print shop (retail only; no manufacturing print facilities permitted);

14. Business services (photocopying, and the like);

15. Personal services (hair salons, and the like);

16. Veterinarian clinic;

17. Art studios/galleries; and

18. Food truck court.

(b) None of the uses listed above may exceed 8,000 sq. ft. of gross floor area for a single tenant/business.

1. Governmental uses and schools;

2. Places of worship;

3. Museums/art galleries;

4. Municipal uses operated by the city; and

5. Park/playground.

(d) Uses and structures requiring a conditional use permit (C.U.P.).

1. Bed and breakfast inns/boutique hotels;

2. Licensed child-care center;

3. Alcoholic beverage sales (beer/wine only);

4. Alcoholic beverage establishment (beer/wine only); and

5. Buildings two stories in height.

(e) Specifically prohibited uses and structures.

1. Buildings higher than two stories;

2. Indoor amusement;

3. Industrial uses;

4. Manufacturing;

5. Gasoline/service stations (as a primary use or accessory to a convenience store use);

6. Automobile sales or repair;

7. Junkyards;

8. Antennas;

9. Cell towers;

10. Car wash;

11. Sexually oriented businesses;

12. Tattoo parlors;

13. Landfill;

14. Vapor businesses;

15. Exotic dancing;

16. Transit center;

17. Single-family residential uses;

18. Specialty auto sales;

19. Multi-family apartments;

20. Residential town homes or row housing;

21. Duplex or four-plex residences; and

22. Payday and car tile loan.

(E) The framework: blocks, lots and streets. All future development within the District shall fit within the general concept of blocks, lots and streets. This system comprises the most fundamental "building blocks" of a traditional town center, as follows:

(1) Blocks. Blocks shall be comprised of one or more lots. Blocks bounded by peripheral streets and shall follow these standards:

(a) Shape. Blocks are typically rectangular or square in shape in order to yield efficiently shaped lots. However, other shapes, such as triangles, are occasionally acceptable; specifically allowing for shapes that best fit the land contour with some shapes that are more organic and less orthogonal.

(b) Size. In order to maximize vehicular and pedestrian access, and to reinforce a human scale, no block may exceed 600 ft. in length along any axis.

(2) Lots. Lots are land areas for development that are bounded by at least one street and, generally, bound by a rear alley and/or adjacent lots. Lots shall follow these standards:

(a) Shape. Lots are usually rectangular in shape, although variations are acceptable; flexibility in shapes that best serve the District will be considered.

(b) Size. No lot may be less than 20 ft. wide or 80 ft. deep. There are no maximum lot size standards. Variances may be considered by the City Council for sensibly proportioned lots to follow the topography where such variances are deemed to not deviate from the underlying goals and objectives established for the District.

(3) Streets. Street design requirements for the District shall be determined by the street classification. "Primary" streets include FM 740 (Laurence Drive), Hubbard Drive, FM 1140 (Smirl Road), FM 740 (Bois D'Arc), FM 549 (Buffalo Way Road), and FM 550. State roads are controlled by the Texas Department of Transportation standards, and parking is not permitted on FM roads. Any existing or future street not designated as a primary street shall be a secondary street. Alleys located central to the block are optional. If provided, alleys must consist of a 20 ft. paved width.

(a) Primary street.

1. Right-of-way (R.O.W.) - 70 ft. width;

2. Curb-to-curb - 38 ft.; driving lanes - 11 ft. width;

3. Parallel degree parking lanes - nine ft. width;

4. Sidewalks - eight ft. width; and

5. Planting strip with street trees - eight ft. width.

(b) Secondary street.

1. Right-of-way (R.O.W.) - 60 ft. width;

2. Curb-to-curb - 36 ft. width;

3. Driving lanes - ten ft. width;

4. Parallel parking lanes - eight ft. width;

5. Sidewalks - six ft. width; and

6. Planting strip with street trees - six ft. width.

(F) Buildings: location and scale.

(1) Front setbacks from primary streets and secondary streets. Facades shall be five ft. to 15 ft. from the lot's frontage line (front lot line/street R.O.W.). Corner buildings are considered as having two frontages.

(a) Front setback exceptions. Setback intrusions, such as stoops, balconies, porches, canopies, awnings, and bay windows, may encroach within front setbacks, but not within the public right-of-way, along secondary streets only between grade and a ten ft. clearance height. Right-of-way intrusions meeting the height clearance requirements shall not extend within two ft. of the street curb.

(b) Courtyards. Central courtyard recesses are permitted.

(c) Outdoor dining. Front setbacks up to 25 ft. are permitted to accommodate outdoor dining if a design treatment is applied along the lot's frontage line (edge of sidewalk furthest from street). Examples of acceptable design treatments include a wall, fence and/or hedges no greater than three and one-half ft. in height.

(d) Building setbacks along certain primary street thoroughfares. Along FM 740 (Laurence Drive), Hubbard Drive, FM 740 (Bois D'Arc), FM 549, and FM 1040 (Smirl Drive) shall be 35 ft.

1. No paved parking areas shall be allowed within this 35 ft. setback area.

2. Said setback area shall be landscaped in conformance with the 35% landscaped area requirement for each lot.

3. A ten ft. wide concrete trail, designed with a meandering or serpentine configuration, shall be required on one side of the street as approved by the City Council.

(2) Side setbacks from primary streets and secondary streets.

(a) Buildings shall be five ft. to 15 ft. off the side property line. The only exception is for access drives and/or parking to the side of a building to consist of no more than 70 ft. in width between adjacent buildings.

(b) Variance request for a zero ft. internal side yard setback to construct a series of connected storefront façades across more than one lot along the block face of a primary or secondary street shall require approval by the City Council after receiving a recommendation from the Architectural Review Board and the Planning and Zoning Commission.

(3) Rear setbacks from primary streets and secondary streets. All buildings shall be set back at least three ft. from the rear property line.

(4) Building heights. No building height may exceed one story in height.

(a) One-story buildings shall be a minimum of 18 ft. in height, with a maximum height not to exceed 25 ft.

(b) Building heights shall be measured from the average grade level at the front façade to the average height of the highest roof structure for a pitched roof or to the top of the parapet for a flat roof.

1. For buildings with flat roofs, the minimum height of a roof parapet wall shall be three feet and six inches in height, as measured from the highest elevation of the finished roof deck.

2. No rooftop equipment shall be visible from an adjoining sidewalk that serves a building with a flat roof.

1. An exception is allowed for vertical architectural elements, such as towers, belvederes, and similar elements. Such elements may be up to 35 ft. in height if they have a footprint no greater than 240 sq. ft. This exception may extend to a maximum of 45 ft. in height for institutional and religious buildings.

2. Two-story buildings shall only be permitted with the approval of a conditional use permit (C.U.P.) by the City Council after receiving a recommendation from the Architectural Review Board and the Planning and Zoning Commission.

(G) Cultural/institutional buildings.

(1) Cultural and institutional uses, such as churches, schools, governmental buildings, libraries, museums, and parks, may deviate from District standards in order to make them more prominent and as a means of emphasizing their significance to the community. The following standards shall apply:

(a) Building locations. Cultural and institutional buildings shall be allowed to have more generous front and side setbacks than those of commercial buildings in order to emphasize their significance. There shall be no setback standards.

(b) Locations at special sites such as corners or sites terminating a street axis shall be sought for cultural and institutional buildings.

(2) Architectural character. Cultural and institutional buildings shall have a civic character, which might include classical architectural design elements (symmetry, pediments, columns, and the like). Main entrances shall be clearly articulated. Roof forms shall also include cupolas, steeples, and similar vertical architectural elements intended to give the building prominence. Such vertical elements may extend up to ten ft. above the maximum building heights otherwise permitted.

(3) Parking. Off-street parking for cultural and institutional buildings shall not be permitted between the building and its primary street frontage. Parking shall be located and designed to be minimal in appearance when viewed from the public right-of-way.

(H) Buildings: design and materials.

(1) Concepts. Architectural character should evoke the image of a classic Texas town. Designs that refer to "period architecture" should be interpreted in a contemporary way. Building groupings should be composed of a series of individual elements that stand on their own but when combined, contribute to a coherent overall sense of place. The buildings and storefronts are to build on the basic design themes of the downtown while striving for design creativity and individual expressions.

(2) Building walls. Shall be finished in brick, stone, wood clapboard, or wood board and batten. Smooth, three-coat stucco shall only consume no more than 20% of any façade, excluding door and window openings. Cementitious materials accurately duplicating wood are also permitted. Non-masonry materials shall be painted or unpainted.

(3) Chimneys. Shall be 100% brick or stone masonry.

(4) Windows and door glass. Window and door glass shall be code compliant and not reflective or noticeably tinted.

(5) Canopies and awnings. Canopies shall be constructed of wood, metal, or metal and glass in a design compatible with the building architecture. Awnings shall be made of natural or synthetic canvas or opaque reinforced vinyl on a galvanized steel pipe or tubular aluminum frame. Translucent vinyl and rigid plastic are not permitted.

(6) Security features. External security features, such as door or window grilles, are prohibited.

(7) Street level uses. Design and leasing of ground floor areas should focus on uses that enhance and enliven the pedestrian experience along the street. Retail uses should occur as continuously as possible along the ground plane of a primary street.

(8) Entrances.

(a) Each building shall have at least one primary entrance having direct access to the applicable street. In the case of corner buildings, the primary entrance shall be on the primary street. For any large structure, a front entrance will be provided for every 100 feet frontage.

(b) Secondary entries oriented toward parking lots other than service entries are discouraged. For uses at the ground floor, other than basement mechanical storage and parking levels, the finished floor elevation may not be lower than the finished sidewalk grade.

(9) Opening locations. Openings (doors and windows) in upper floors shall be vertically aligned with ground floor openings. Upper floor gable end openings must be centered within the gable. All openings shall be a minimum of two ft. from building corners.

(10) Shutters. When used, shutters shall be sized and shaped to match the window opening.

(11) Character and massing.

(a) Simple yet varied massing promotes a character. Breaking down the massing and scale of larger buildings creates a pedestrian-scaled collection of smaller individualized elements that is in keeping with the overall concept. Especially at corners, create a varied skyline with forms (i.e., towers, domes, and rotundas).

(b) Accentuate important locations, especially entries. Architecture of "mass" that provides deep openings and shadow lines, as well as details enhanced by the sun, are encouraged. Architecture should enhance the pedestrian experience by providing human-scaled details and amenities.

(12) Exterior appearance of buildings.

(a) Expression of the base, middle, cap. Architectural massing that strongly defines a base, middle, and cap is required.

1. BASE. The ground level where the building makes contact with the earth.

2. MIDDLE. The upper middle portion of the building, forming the majority of the structure.

3. CAP. The parapet, entablature, or roofline where the building meets the sky.

(b) Roof forms should be expressed whenever possible along the pedestrian realm in a visually interesting fashion, avoiding flat, unarticulated expressions.

(c) The base and tops of buildings will vary in material, and façades must include articulated ground floor levels, minimum three-foot overhangs at eaves, articulated cornice lien, and a stone base.

(13) Façade design.

(a) Storefronts. Where ground floor uses are commercial, the ground floor façade shall have continuous storefront windows along the street frontage. Commercial ground floors shall have a minimum of 60% glazed surface (measured between grade and the interior ceiling level). Corner buildings shall only have to comply on one of two frontages.

(b) Large spaces. - On "primary commercial" street frontages, a front entrance shall be provided for every two ft. of façade frontage for each building. An alternative to an individual user having multiple front entrances is the use of separate liner space on the frontage for separate users. Such liner space must have a front entrance.

(14) Vertical bays. Façades shall be broken into vertical bays not exceeding 30 ft. in width through the use of one or more of the following approaches:

(a) Façade recesses;

(b) Façade projections and/or pilasters; and

(15) Corner treatment.

(a) Buildings will reinforce a strong corner condition at street intersections. Angled corner clips (or other building conditions that do not form a protruding corner) are not allowable at street intersections but may occur up to twice within the block (between street intersections). Buildings will be designed to accommodate City of Heath required visibility triangles without compromising the corner design.

(b) The dominant primary cladding material will transition a minimum of 20 fenestration feet around building corners.

(16) Punched-type windows are appropriate. They should be inset from the face of the building to create deep shadow lines and visual relief.

(a) To control glare and reinforce the traditional image of bearing wall architecture, ribbon windows and curtain walls are discouraged.

(b) Clear glass is required in all retail storefronts; smoked, reflective, or black glass is prohibited.

(d) Smoked, reflective and black glass is prohibited. Any patterned glass must be approved by the city.

(e) Window and door glass shall be code compliant and not reflective or noticeably tinted.

(17) Colors.

(a) Color palette should take cues from the classic base colors of Texas materials including but not limited to warm earth tones such as tan, ochre, beige, and terra cotta. Roses, pinks, plums, and violets should generally be avoided.

(b) Vibrant accents may be used in limited quantities at appropriate locations. Accents are to be of high-quality materials and are used to promote a vibrant street life in a manner compatible with the "civic" nature of the street.

(I) Site design.

(1) Access to parking. No driveways are permitted on the District's primary commercial street segments. Only access from other streets or alleys is allowed here. Where driveways are permitted, driveways must be at least 200 ft. from other driveways on the same block face, and at least 150 ft. from any intersection.

(2) Driveway widths. Where driveways are permitted, driveways shall not exceed a width of 24 ft.

(3) Parking. Within the District, the city's minimum requirements as applied elsewhere in the city may be exceeded by no more than 10%.

(4) Parking locations. In the District, parking may not be located between a building and its associated street. It may be located beside buildings but may not exceed 70 ft. in width.

(5) Impervious surface. The maximum amount of impervious coverage shall not exceed 65% of the net developable lot area.

(6) Surface parking. All surface parking lots shall be paved per city standards. Parking lots will not front main arteries in retail/office areas. Parking will be integrated into the District behind buildings where possible through the use of similar landscaping and building materials.

(a) Consistent repetitive placement of streetscape elements, i.e. trees, will be placed every ten parking spaces on surface parking lots. Situations where parking spaces directly abut structures are discouraged unless no alternative exists.

(b) Off-street parking aisles will be oriented perpendicular to buildings so that pedestrians walk parallel to moving cars and/or provide separate distinct pedestrian walkways.

(c) The alignment of travel lanes within parking lots in long straight configurations that facilitate speeding is discouraged. Use of traffic calming elements is encouraged.

(d) Shared parking is allowable as approved by the city to reduce the total number of parking spaces within the District and to capitalize on off-peak parking synergies.

(7) On-street parking. The street curbs will neck down at intersections where on-street parking occurs.

(8) Parking screening. The portion of all parking lots fronting a street shall be screened with a masonry wall, ornamental metal compatible with the adjacent architecture, and/or evergreen hedges.

(9) Fences and railings. Fencing within the commercial streetscape can be provided to enhance a neighborhood characteristic.

(a) Railings may be necessary as a safety feature or as a functional support rail (leaning rail) for people to lean against.

(b) Railings and fences can help define the street space. Fences and railings should have an ornamental character as well as utilitarian function.

(c) Where railings or fences in a particular district contribute to the overall image of the area, try to use the same or similar design details to reinforce that character.

(d) Permitted fence and railing types shall be masonry, ornamental metal and/or evergreen hedges.

(e) Ornamental metal fences and railings shall be black and use historic precedents for design. Wooden fencing is not permitted.

(f) Fences and railings must not interfere with pedestrian safety by blocking access from the street to the sidewalk.

(g) In certain situations, a railing is required to protect the public against potentially hazardous grade changes.

(h) Pedestrian safety railings at grade changes shall be a minimum of 42 inches high. They must have intermediate rails, balusters, ornamental or patterned infill.

(i) Fences and railings should be between 32 inches and 48 inches in height.

(j) Where desired, there may be place leaning rails at bus stops, places where shoppers are picked up or dropped off, and places where people are likely to stop or wait without necessarily wanting to sit.

(k) Leaning walls should be between 27 inches and 42 inches in height.

(l) A two-inch to three-inch-high curb, placed four inches in front of a railing, will prevent the footrest of wheelchairs or other wheeled vehicles from striking the railing's vertical supports.

(m) Railings must be designed to support loads in both the horizontal and vertical directions in accordance with applicable codes.

(10) Walls and screens. Walls shall be constructed of either brick or stone, although other masonry materials, such as concrete, may be used if covered in masonry or stucco.

(a) All walls shall have a distinct capping constructed of brick, stone or concrete and shall be between 32 and 42 inches in height along front lot lines.

(b) Walls and screens may be included in a streetscape to direct or screen view or to provide changes of grade.

(d) Walls and screens can be important in creating a continuous sidewalk edge that unifies the street space.

(11) Hedges. Hedges shall be evergreen and planted to create a solid year-round visual screen. At maturity, the hedge shall be maintained at a height between 32 and 42 inches along front lot lines.

(12) Building voids. Where voids exist between buildings along the designated primary streets within the District, fences, walls and/or hedges shall be provided along the lot's frontage in accordance with the design requirements described herein for parking lot screening. This requirement is limited to developed sites only.

(13) Rear walls and fences.

(a) Walls and fences that do not extend beyond the front façade of the associated building may be as high as six ft., but only if used for side and rear yards.

(b) Chain link fences are not permitted anywhere within the District.

(14) Flagpoles. If attached to a building, flagpoles must be no more than six ft. long and wall-mounted at a 45-degree angle. If freestanding, flagpoles shall not exceed 20 ft. in height. No single property may have more than two flagpoles.

(15) Lighting. Lighting may not produce glare on adjacent properties. Freestanding lighting fixtures, such as those located in parking lots, shall not exceed 16 feet in height. Additionally, all outdoor lighting shall conform with the requirements of Chapter 98. Where Chapter 98 and § 159.29 conflict, the regulations of § 159.29 shall prevail.

(16) Loading and dumpsters. Loading areas and dumpsters shall not be visible from any adjacent streets.

(a) Loading areas shall be screened from streets by either their location or screening treatments.

(b) Dumpsters shall be located to the rear of their associated buildings and shall be enclosed on all sides by a brick or stone masonry enclosure extending up to the full height of the dumpster.

(c) Screening gates are required to be primed and painted solid metal and should screen the dumpster from view when closed. Gates should swing out to an angle greater than 900 and create an opening at least 12-feet wide for the truck to enter the enclosure. Pins should hold the gates open while the dumpster is being accessed. Gates should also swing clear of all fire lanes.

(J) Signs.

(1) (a) The purpose of the signage criteria is to ensure that tenants, residents, and visitors can easily make their way through the District and related development. Signage should be designed appropriately to contribute to the overall identity and way-finding system.

(b) The process for sign approvals within the District, including variances, shall be consistent with the citywide process for signs. Temporary curb signs are subject to city approval.

(2) Sign area. An area on the façade of a building below the roofline which is free of windows, doors or major architectural details and not higher than the lowest of the following:

(a) Twenty-five feet above the adjoining sidewalks;

(b) The bottom windowsills of the second story;

(d) Signage and environmental graphics should be conceived as an integral part of the building's architectural design. The number of signs should be limited to avoid clutter.

(3) Wall signs. Signs mounted directly on a building wall. May not project from the wall more than eight inches and shall cover no more than 40% of the sign able area. Signs shall not obscure architectural features or detail.

(4) Applied letter signs. Individual letters applied directly to a building façade that shall not cover more than 40% of the sign area.

(5) Restaurant menu signs. A small menu often placed in a glass front box and externally illuminated. Placed at restaurant's primary entrance and shall not exceed six square feet.

(6) Projecting signs. Sign extends from façade (perpendicular) and shall not extend above the roof eaves or parapet wall.

(a) Maximum area: 30 square feet;

(b) Minimum height: seven feet above grade; and

(7) Window sign. Sign painted (not applied) on a window and shall not cover more than 25% of the window.

(8) Awning signs. Sign with letters/logo painted, silk-screened or stitched directly on the vertical face of an awning. The sign shall not cover more than 35% of the awning.

(9) Ground mounted signs. Sign extends directly from the ground and is permitted only for buildings having a front setback of at least 20 feet.

(a) Signs must have a minimum setback of five feet;

(b) Maximum area of 35 square feet per side; and

(10) Façade-painted signs. Sign painted directly on the building facade that covers no more than 40% of the sign area.

(11) Sign design and placement.

(a) Wood, glass, and metal—or appropriate synthetic material that approximates the appearance of wood, glass, or metal—are the only permitted materials.

(b) Colors, materials, sizes, shapes, and lighting of signs should be compatible with the architecture of the building, the business it identifies, and the character of the surrounding area.

(c) The material's ability to maintain an acceptable appearance over time shall be a consideration in determining the appropriateness of synthetic materials.

(d) Signs shall not obscure key architectural features.

(e) Signs shall be limited to on-premise signs related to the use or business conducted on the same site.

(f) Marquee type signs for announcements of activities taking place at the location are prohibited (exceptions: theatres, churches, schools, and institutional uses).

(g) No billboards/off-premise signs shall be permitted. Multiple uses on a single property may share signs but collectively shall not exceed the sizes specified herein.

(h) Signs for multiple businesses on a single property shall be of similar material and design.

(i) Abandoned signs and signposts shall be removed. Temporary signs shall not exceed nine sq. ft.

(j) Advertising signs shall not be permitted in windows with the exception of those not exceeding 60 square inches, of which a maximum of five are permitted.

(12) Sign illumination. Signs shall be illuminated externally using spotlighting.

(a) Spotlighting shall completely shield all light sources; light should be contained primarily within the sign frame.

(b) Backlit signs will be permitted.

(d) The light levels of a sign should not block views of other signs on the street or the façade of nearby buildings.

(e) All sign lighting shall conform to the requirements as specified in Chapter 98.

(K) Streetscape standards.

(1) The term "streetscape" applies to that area between the buildings on either side of an urban street. The District streetscape is urban in character with a density of pedestrian traffic. Therefore, plantings of shade trees, ornamental trees, scrubs, evergreen groundcovers, vines, and seasonal color set in paved surfaces are appropriate for front yard development. Plantings will promote entrance demarcation and pedestrian interest. Flexibility from the developer will be allowed as long as the intent of these guidelines is respected.

(2) Streetscape components include driving lanes, parking lanes, sidewalks, landscaping, lighting, streetscape furniture (benches, trash receptacles, and the like), building faç

(3) Sidewalks. Sidewalks give pedestrians access along streets. Sidewalks in the District should be detached from the curb. This provides room for street trees close to the curbs.

(a) Concrete is the preferred material, although interlocking concrete unit paving, flagstone, and brick paving may be acceptable upon review by Building Official and City Engineer. Special paving in tree lawns with special soil that promotes healthy trees is recommended where pedestrian use is heavy and tree lawns cannot support turf or ground covers.

(b) Paving is the best way to unify the street. Over-designed patterns may become chaotic or dated. Pattern and color should be subdued and avoid sharp contracts with surrounding paving. Paving patterns should provide enough contrast to delineate crosswalk/pedestrian traffic areas in order for drivers to notice. Patterns should relate to the size and shape of the space and should create a sense of order in the placement of other street furnishings and plant materials.

(d) A path of ten feet width is desired, but as little as five feet may be allowed in constrained locations.

(e) Detached sidewalks should include tree grates, surrounded by a hard surface of pavers or concrete.

(f) Curb ramps are required anywhere the sidewalk crosses a curb. Troughtype ramps are recommended.

(4) Crosswalk pavements.

(a) Crosswalks are generally painted at signalized intersections in most areas of the city. In commercial areas, the crosswalk materials and pattern can be an important unifying feature of the District. Within the District, it is important to treat each street intersection the same in terms of size of curb radius, location, and type of curb ramps, signage location and paving within crosswalks. Crosswalk pavement shall contrast with the adjacent street pavement through color or texture.

(b) Even if the crosswalk is distinguished in terms of color and texture, it is still necessary to install "stop bars" using painted or thermoplastic street marking material.

(5) Sidewalk paving. Concrete including plain grey, integral colored concrete, and special finishes are acceptable (excluding stamped concrete, seeded concrete or epoxy concrete).

(a) Concrete should be a minimum of four inches thick, meeting industry standards for concrete mix, finishing, curing and sealing.

(b) Care should be taken when using integral pigmented colored concrete. Select subdued and earth tone colors that will complement natural materials. Rich or bright colors will draw more attention than desired.

(c) Use only paving bricks specifically designed for sidewalk use according to industry standards. Brick pavers must be set on a concrete slab with mortar joints and not on a sand base. Interlocking concrete pavers are a durable choice. Set on a sand base with tight sand joints according to manufacturers' recommendations. Flagstone pavers are recommended in historic areas where they originally existed.

(d) Installation may be on a sand base with sand joints or on a concrete base with mortar joints. Precast concrete pavers may be installed using finish and color guidelines as discussed under concrete pavement above. These pavers must be installed a concrete slab with mortar joints. Once installed, all pedestrian walks must be safe for pedestrians with no gaps or joints larger than one-fourth inch.

(6) Paving not allowed. Seeded concrete and epoxy concrete are not acceptable because of appearance, poor durability, and future maintenance problems.

(a) Any glazed product or smooth, slippery surface product should not be used in pedestrian traffic areas for pedestrian safety.

(b) Any thin-set material should not be used because of future maintenance problems.

(c) Any clay brick product other than paving brick should not be used because it may be difficult to maintain and the product's resistance to freeze-thaw damage may not be adequate.

(d) Any material that is so textured or patterned that it may cause a tripping hazard should not be used.

(7) Street furnishings. Street furnishings such as seating, bicycle racks, bollards, and trash receptacles are important functional elements and amenities, especially in the commercial streetscape. They should be attractive and unified within any given district. Maintenance, safety, and comfort are primary considerations in the design and placement of street furnishings. All furnishings placed in the right-of-way should be of high quality, designed for outdoor use and require minimum maintenance. In general, street furnishings should be located at least two and one-half feet from the curb face where on-street parking occurs, and three and one-half feet where travel lanes adjoin the curb.

(8) Seating. Seating may be provided when space allows for a clear pedestrian walking zone and separate seating areas. Seating expands opportunities for people to use the street, especially in commercial streetscapes. Seating may be provided by benches, planter walls, edges, steps, or moveable chairs.

(a) Seating surfaces should be 16 to 18 inches high and should have a minimum depth of 16 inches for seats without backs, 14 inches for seats with backs.

(b) Walls, ledges, and steps that are available for seating should be between 12 to 20 inches high and 16 inches wide wherever possible.

(c) Walls used for seating on both sides should be a minimum of 30 inches wide. Seating should be durable and comfortable. Avoid sharp edges and poorly designed or fabricated furniture.

(d) Metal is the preferred material. Seating design should complement the style of the surrounding architecture and other furnishings.

(e) Except for moveable chairs, seating should be secured permanently to paved surfaces for safety and to avoid vandalism.

(f) Seating should not interfere with plant materials or pedestrian circulation and should be placed for psychological comfort.

(g) Comfortable seating should provide a sense of having protection from behind and something interesting to look at such as storefronts or other pedestrians.

(h) Seating adjacent to where bicycling is permitted on sidewalks or other bike paths must have a minimum three-foot clearance from the bicycle path. These areas should not be provided on the street where possible.

(9) Bicycle racks. Bicycle racks should be provided within commercial streetscapes to encourage bicycle use.

(a) Avoid placing bicycle racks in areas where they may endanger the safety of pedestrians or cyclists.

(b) Select racks that are permanently mounted structures, designed in a simple style, and easy to use.

(c) The rack must allow both the frame and at least one wheel to be locked. Racks that allow for the locking of only one wheel are not acceptable.

(d) Place bicycle racks where they are near entrances of gathering places. Avoid placement that creates a tripping hazard.

(e) If possible, place the racks where the parked bicycles will be visible from inside the adjacent building. Ideally, bicycle parking should be more convenient than automobile parking.

(10) Bollards. Bollards are generally used to create a low barrier that separates auto and pedestrian traffic, highlight and protect a special feature, emphasize the historical character of the area or direct circulation patterns.

(a) Select a bollard design that is architecturally and aesthetically appropriate to the area and other streetscape elements. Bollards can be used to provide low-level lighting to pedestrian paths.

(b) Bollards should be between 28 and 42 inches high. Bollards should be set two and one-half feet minimum clearance from curb face.

(d) Clearance must be at least 60 inches where there is clearly one primary path.

(e) Bollards may be chained or cabled together if provided with attachments as an integral part of the design.

(f) Standard pipe filled with concrete is not acceptable in pedestrian locations.

(g) Utilize removable bollards where service vehicles need periodic access.

(11) Clocks. Clocks are intended to display time for pedestrian and vehicular use, in addition to serving as a punctuation point for the area. Clocks should relate architecturally to surrounding buildings and furnishings.

(12) Kiosks. Kiosks are intended to serve as informational points, to direct pedestrian traffic and to organize outdoor spaces. They should be used sparingly and only when needed to impart community information.

(a) Kiosks should be carefully positioned in conjunction with other elements of street furniture such as benches, lighting, and landscaping. They should be focal points in open areas and may be combined with other elements like business directories, telephones, mailboxes and newspaper racks. The design should be compatible with and complementary to the surrounding architecture and other furnishings.

(b) Kiosks should facilitate the posting of notices and their removal and cleaning.

(d) Kiosks should be designed so they are easy to maintain.

(13) Trash receptacles. Trash receptacles should be easily accessible for pedestrians and trash collection. Their design should relate to other site furnishings as well as building architecture. They must be carefully placed to be unobtrusive yet effective.

(a) On concrete trails where bicycling is permitted, maintain a three-foot setback from the edge of trail.

(b) Trash receptacles should be designed to fit the anticipated use and frequency of maintenance. They should be firmly attached to paving to avoid vandalism.

(d) Trash receptacles should be designed in two pieces. The inner container should ensure easy trash pickup and removal and an outer shell should blend aesthetically with the other streetscape elements.

(e) They should be conveniently placed near benches, bus stops, and other activity nodes, and arranged with other streetscape elements into functional compositions.

(f) They should not be placed directly adjacent to benches.

(14) Fountains. A fountain provides moving water that masks noise, as well as cools and humidifies the air, increasing comfort and beauty in a space. Fountains can also be used to define space or provide an interesting focal point.

(a) The rim around the fountain or pool should be between 12 and 20 inches in height and 16 inches in width if used for seating.

(b) Fountain design should respond to wind direction, building location, pedestrian circulation, potential ice build-up in winter and the appearance of the fountain and its basin when not operating.

(d) Maintenance is crucial to the success of all fountains. The owner should be committed to maintenance prior to beginning design.

(15) Newspaper racks. Outdoor newspaper racks are prohibited.

(16) Mailboxes. Mailboxes are placed by the U.S. Postal Service. Their location should be coordinated with the Postal Service during design to minimize clutter.

(17) Public art. Public art should capture and reinforce the unique character of a place. It can interpret the community by revealing its culture, history, or fantasy.

(a) Art that invites participation and interaction and that adds local meaning is preferred. Art should add beauty and interest. It may feature humor, water, seating, and opportunities for children to play.

(b) The setting for public art is significant to the experience of the art itself. The place's impact on the art may be as great as the art's impact on the place. The two together enrich the place and make it memorable.

(c) When considering placement of freestanding pieces of art or sculpture, avoid locations where it would compete with a storefront or obstruct a pedestrian path, create a traffic hazard, or compete with another sculpture.

(d) Bas-relief may be used to enliven otherwise blank walls.

(e) Construct public art using durable materials and finishes such as stone or metal.

(18) Miscellaneous street uses. Uses such as street vendors, shoeshine stands, food trucks, and the like are encouraged in order to activate and enliven the street, but require a special permit.

(19) Utility boxes, meters, and manholes. Coordinate the location of all proposed utility boxes and meters, including irrigation controls, with the proposed locations of site furnishings, trees, signs and lighting.

(a) Boxes and meters should be located two and one-half feet from the curb face and should not interfere with pedestrian movement.

(b) There are several kinds of utility cabinets that may need to be accommodated, including cabinets for electric meters, water meters, water/irrigation controllers, backflow preventers, traffic signal switching equipment and transformers.

(d) Traffic signal switching gear cabinets are of a standard design. They must be located near the signals they control, with care not to block pedestrian access at the street corner.

(e) Electric meters, water meters and irrigation controllers can be handled individually or consolidated into one cabinet.

(f) Transformer vaults and switch cabinets are larger and should be located as inconspicuously as possible.

(g) Any cabinet must be accessible, with room to swing the doors open and space to get the necessary equipment in position for service. Check with the appropriate utility for specific access requirements.

(h) Before finalizing the design of any streetscape improvements, existing overhead and underground utilities should be located and sized with the assistance of the various city departments.

(i) These elements should be painted a neutral background color or be integrated into the surrounding area so that they do not stand out.

(L) Landscaping.

(1) Minimum amount of landscaped areas as a percentage of the net developable lot area shall be 35%, with 50% of the total requirement located in the required front yard. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes and be approved by the Building Official.

(2) Landscaping for the District be simple but substantial. Canopy shade trees, rather than conifers or ornamentals, should line the outside (street side) of sidewalks along all primary streets, with a maximum spacing of 40 ft. between trees. Either metal grates or planting beds are recommended for trunk bases. It is recommended that shrubs be avoided, with the exception of screening undesirable views, such as parking and loading areas.

(3) Tree grates. Tree grates are an attractive way to protect trees planted in paved areas. Tree grates are the recommended method for tree planting in paved areas.

(a) Open tree grates should be at least five feet by five feet with openings no more than one-fourth inch in width.

(b) The size and shape of tree grates should relate to the paving pattern. They should be designed to allow for tree trunk growth, constructed of ductile iron, and unpainted or painted a dark color with a durable, factory applied finish.

(c) Irrigation systems within grates are preferred but dry wells may be allowed with written maintenance agreements from the owners. The irrigation system should be on a zone separate from all other landscape zones.

(d) If string lights are anticipated in the trees, electrical outlets should be provided in the tree grate area.

(e) If up lighting is desired, select a tree grate manufactured to support the light (see lighting standards).

(f) Tree wells must drain into the storm sewer in order to avoid damage because of existing non-porous clay soil.

(4) Street trees. Trees give many benefits to the city. They supply shade, buffer wind, sun, and help clean the air and reduce glare. Street trees are the most important tool for buffering people from cars. They create a pedestrian space, make the street more comfortable and provide beauty year-round. Without street trees, pedestrians are exposed to the sun and the car with little sense of comfort. On commercial streets, trees are the most significant element that makes streets attractive to shoppers. Without street trees, shoppers feel the heat, glare, dust, and pollution of the roadway. With them, the harshness of a paved environment is alleviated, and pedestrians can enjoy shade, beauty, and amenity that is essential to a pleasant shopping experience.

(a) A formal, repetitive use of trees is recommended to unify districts and create a continuous pedestrian scale suited to storefronts.

(b) Design for street trees should respond to the uses on the street. In most areas, the same species should be planted on a block.

(c) Different species with similar characteristics, such as form and color may be alternated in a regular pattern to avoid over-use of one species.

(d) The loss of numerous trees in any city due to diseases such as Dutch Elm reflects the danger of extensive planting of a single species.

(5) General tree guidelines. Many factors affect design in commercial streets, including the volume of pedestrians, the size and orientation of sidewalks, the distance from trees to buildings, the visibility of façade and signs, and the speed and volume of vehicles.

(a) Trees should have the same characteristics on both sides of the street. If mixing species, alternate them in a regular pattern. Plant only one species where an area is to be unified. Avoid random changes in species.

(b) Select trees that will fit when they are mature. Narrow areas suggest a narrow tree and open areas suggest a wide one.

(d) Ground covers may be considered in low traffic volume areas. Use tree grates where pedestrian traffic is high.

(e) Min. five inch caliper at installation to provide maturity and canopy definition at outset.

(f) Trees encouraged where possible, in particular at intersections as a transition to adjacent neighborhoods.

(g) Secondary streets shall be planted with trees 25 ft. on center.

(h) Trees shall be planted within all parking tree islands.

(6) Tree location. Consider mature tree size before planting so that trees have room to grow. Where signs, lights, overhead or underground utilities, utility poles, and fire hydrants would limit mature tree size, adjustments in species or location should be considered to minimize excessive pruning.

(a) Plant trees with regular spacing on side streets to create a continuous street edge. Adjust spacing for driveways and lights.

(b) Trees should be located in the center of the tree lawn, two ft. - six inches from b.o.c.

(c) Create a clear walking zone between trees and buildings. For the District, ten feet is minimum. Distances as low as five feet may be possible where space is very limited, however, few tree species will be appropriate in such a small area.

(d) Trees must be placed far enough away from buildings to allow them to grow without excessive pruning.

(7) Tree size. Trees should be large enough when planted to add substantial shade and to reach a height appropriate to surrounding buildings.

(a) Street trees in grates should be three-inch caliper, minimum, with high branching where pedestrians will be passing beneath the tree canopy, and that adequate branching height is achievable without severe pruning.

(b) The branching height of mature trees should be no less than 13 feet six inches above the street. The branching height of mature trees should be no less than eight feet above the sidewalk.

(c) Small varieties of thornless and fruitless trees may be used only in median areas or traffic islands where lower branching habit will not interfere with pedestrians, vehicles, or driver visibility.

(d) Trees within the special use and small street tree should only be used where power lines overhead would not allow a large street tree to reach maturity without severe pruning.

(8) Tree selection. All trees should fit the microclimate, soils, sun, moisture, budget and maintenance environment in which they are planted. This is a major concern in areas with high levels of pollution or automobile and pedestrian damage. Trees should be able to endure pollution, compacted soils, minimal water, and low maintenance.

(a) Trees near walks should be thornless and fruitless to minimize maintenance and to reduce pedestrian hazards. They must be strongly wooded, resistant to most diseases and insects, single-trunked, with upright growth and a medium to long life expectancy. Branches should resist breaking.

(b) Bradford Pear trees and species of a similar weak wood are prohibited. Trees and irrigation techniques that require minimal water should be considered.

(c) Irrigation must be installed for street trees in all commercial streets. Irrigation must be designed to deliver the appropriate amount of water to each tree with minimum waste. Easily adjustable, automatic irrigation controls are recommended along with bubblers.

(d) Along commercial streets, trees should be selected that will minimize the obstruction of views to retail signs. Employ trees with appropriate form and character. Utilize tree spacing that supports this concept.

(9) Recommended street trees. Heath's climate and soils limit the variety of species that are recommended for street tree planting. These species best meet the selection and size guidelines for most conditions and are preferred for their dependability, low maintenance, and drought resistance. Watering habits and soil conditions significantly affect the root structure. The following is the approved plant material list for plant materials required in these guidelines. Other species may be utilized with approval from the city.

(a) Large trees (shade).

Common Name	Botanical Name
Caddo Maple	Acer barbatum “Caddo”
Pecan	Carya illinoensis
Chinese Pistachio	Pistacia chinensis
Bur Oak	Quercus marcrocarpa
Chinquapin Oak	Quercus muhlenbergii
Shumard Oak	Quercus shumardi
Texas Red Oak	Quercus shumardi "Texana"
Live Oak	Quercus virginiana
Cedar Elm	Ulmus crassifolia
Lacebark Elm	Ulmus parvifolia

(b) Special use and small street trees. These small trees should generally not be planted as street trees; however, they may be used in medians and for entry marker plantings. The small street tree should only be used where overhead power lines along the street edge would not allow a large street tree to reach maturity without severe pruning. The list below notes those trees that are not appropriate for use along the street edge while the others may be used both as a special use and small street trees.

Common Name	Botanical Name
Redbud	Cercis canadensis
Desert Willow	Chilopsis linearis
Possumhaw Holly	Ilex decidua
Yaupon Holly	Ilex vomitoria
Eastern Red Cedar	Juniperus virginiana
Brodie Red Cedar	Juniperus virginiana "Brodie"
Flowering Crabapple	Malis spp.
Wax Myrtle	Myrica cerifera
Afghan (Eldarica) Pine	Pinus eldarica
Mexican Plum	Prunus mexicana
Callery Pear	Prunus calleryana
Texas Sophora	Sophora affinis
Chaste Tree	Vitex agnus-castus

(10) Groundcovers, shrubs, and flowers. Plantings provide seasonal color, direct circulation, and serve as a buffer between people and cars. Although they provide functional and aesthetic benefits, however, maintenance is extremely important. Plant selections should be drought tolerant.

(a) Plantings other than trees in the streetscape may include turf, ground covers or shrubs. This area helps soften the street environment along the street edge.

(b) Tree lawns should be planted with sod or low groundcovers (below six inches mature height) in commercial areas where pedestrian traffic does not warrant paving.

(c) Very narrow tree lawns or those in high traffic areas may be paved with brick, flagstone or concrete pavers and/or colored or scored concrete. However, patterned (stamped) concrete is prohibited.

(11) Planting pots and planters. Planting pots provide an added dimension and color to streetscape planting. Although planting pots are not required, they are encouraged to help direct pedestrian traffic, create focal points and provide pedestrian resting areas. Large pots are preferred instead of fixed planter boxes because of potential conflicts with vehicles and maintenance.

(a) Planting pots should be planted with annual flowers or with ground covers.

(b) Pots should occupy a surface area of at least four square feet and should not block other elements such as streets, signs, meters, or streetlights.

(c) Planters that are to be used for seating should be between 12 and 20 inches in height with a rim of at least eight inches in width, wider if seating is intended on the edge.

(d) Plant materials should not interfere with the seating.

(e) Provisions must be made for ensuring adequate watering and drainage.

(f) Staining of paving from planter drains should be considered in planter location.

(M) Lighting.

(1) Streetlights are important both for functional and decorative purposes. In order to provide a human scale to the District, it is recommended that lights range between ten ft. and 14 ft. in height.

(2) Spacing and location. Locate lights as part of an overall system that organizes other street elements such as trees, benches, and paving.

(a) Place lights at least two and one-half feet from the back of the curb to allow room for car bumpers and door swings. Align with street trees where possible.

(b) Place lights at least five feet from the edge of the curb transition point nearest the driveway, curb cut, or alley and at least 20 feet from the extended flow line of the nearest intersection.

(c) Space lights at least 50 feet apart; 60 - 115 feet is preferable in most cases to provide a pleasing effect and to ensure room for street trees and other furnishings.

(d) Closer spacing can also cause uncomfortable glare. Install luminaires a maximum of 14 feet and a minimum of 12 feet above sidewalks to avoid glare into upper windows.

(e) Avoid placing lights adjoining residential zoning district boundaries to avoid disturbing inhabitants.

(f) Lighting plans must have a photometric plan submitted to the city for review at time of site plan submittal per § 98.05.

(3) Style and materials. Select lighting styles to integrate with the architectural or historical character of the area.

(a) Acorn-type luminaires are recommended for most commercial streets in order to maintain consistency throughout the city. Avoid selecting different types of lighting for small projects.

(b) Poles should be well articulated with enough detail to create a range of scale for the pedestrian whether near or far away. Flutes, moldings or other traditional details are strongly preferred.

(c) Alternative fixtures that reflect local architectural or historical character are subject to approval. Single luminaires are highly preferred over multiples, which should be considered only for specific locations such as gateways or entry points of a district.

(d) Luminaires are to be translucent or glare-free, utilizing obscure glass or acrylic lenses. Any fixture having a total light emission exceeding 1,500 lumens shall be a fully shielded light fixture per § 98.05.

(4) Pedestrian lighting. Pedestrian-scaled light posts and luminaires play a vital role in developing the District's unique character. Pedestrian lights illuminate the sidewalk and provide a feeling of security at night. Fixtures should relate to the image and history of the area.

(5) Street lighting. Street lighting plays an important role in the quality and safety of streets, especially at night. Lighting illumination levels are based on two criteria: the uses along the street and the volume of automobile traffic.

(6) Special effect lighting. Special effect lighting may include string lighting in trees.

(a) If string lighting is desired, electrical outlets should be included adjacent to each street tree. If uplighting is desired around trees, tree grates should be used with cutouts for the light.

(b) Special effect lighting must have pinpoint lighting in order to minimize nuisance.

(2005 Code, § 12-2-10) (Ord. 040108, passed - - ; Ord. 120417E, passed 4-17-2012; Ord. 190611A, passed 6-11-2019; Ord. 220712A, passed 7-12-2022; Ord. 220927E, passed 9-27-2022)

§ 159.30 LAKE EDGE ZONING DISTRICT.

(A) This subchapter is hereby amended by the addition of this section as set out in its entirety in the document prepared by HNTB, Dallas, Texas, and attached hereto and incorporated herein and labeled Exhibit A.

(B) This zoning district has its basis in and is intended to serve as implementation criteria for the Lake Ray Hubbard Master Plan, as adopted by the City of Dallas; the interlocal agreement approved by the Lake Cities Coalition and the City of Dallas; and the Comprehensive Plan for the City of Heath. This district is intended to provide a means for the protection of water quality, supply and the preservation of the natural environment, and to enhance the quality of life along the shoreline through regulation of manmade facilities.

(C) The Lake Edge Zoning District includes all property that is located between the City of Dallas Take Line as shown on the boundary map of Lake Ray Hubbard on file at the City of Dallas and the meanders of the contour line 435.5 mean sea level elevation.

(D) Any requested exception with respect to Exhibit A that pertains to architectural controls or standards shall be determined by the Building Official. An appeal of the Building Official's decision may be made to the Board of Adjustment, upon application being made by the applicant within ten days of the Building Official's decision. Any requested exception to the area requirements of Exhibit A, including setbacks, minimum lengths or widths, or other exception, shall be determined by the Planning and Zoning Commission and City Council.

(E) All outdoor lighting shall conform to the requirements as specified in Chapter 98.

(Ord. 061019A, passed 10-19-2006; Ord. passed 8-16-2007; Ord. 090721B, passed 7-21-2009; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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