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(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MASONRY MATERIALS. Full thickness kiln fired brick, stone, granite, marble, concrete tilt wall, concrete block, stone, glass block unit, or other masonry material of equal characteristics as determined by the Building Official or his or her designee shall be allowed on exterior walls in accordance with this section. Stucco and plaster shall only be considered as an auxiliary material when applied using a three-step process over diamond metal lath mesh to a minimum of seven-eighths of an inch thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications and shall constitute no more than 20% of the total net exterior area of each wall plane exclusive of all windows, doors, or roofs. Concrete tilt wall shall have a natural stone, brick, or equivalent veneer. No form liners shall be permitted. Synthetic products (exterior insulation and finish systems (EFIS), cementitious fiberboard, or other materials of similar characteristics) shall not be considered a MASONRY MATERIAL. Exterior insulation and finish systems (EFIS) and natural wood, shall not be permitted within a non-residential zoning district unless approved by the City Council.
VENEER MATERIALS. A single external layer of non-structural masonry material as described above, and shall be installed in a manner compliant with the most current Residential and Non-Residential Building Code adopted by the city.
(B) Exterior masonry construction requirements.
(1) Buildings requiring a building permit in Residential Zoning Districts shall be required to have exterior walls constructed using a masonry material covering at least 80% of each wall, exclusive of all windows, doors, or roofs.
(2) Buildings requiring a building permit in Local Retail Districts shall be required to have exterior walls constructed using a masonry material covering at least 80% of the total net exterior area of each wall, exclusive of all windows, doors, or roofs.
(3) Buildings requiring a building permit in Planned Development Districts shall be required to comply with the masonry standards applicable to the most restrictive district in which the use is permitted.
(4) Buildings requiring a building permit in Mixed-Use Zoning Districts shall be required to comply with the masonry standards applicable to the most restrictive district in which the use is permitted.
(5) Buildings requiring a building permit that lie within the Towne Center Overlay District are exempt from this section provided site plans are approved by the Architectural Review Board, Planning and Zoning Commission, and City Council as required by § 160.01.
(C) Special exceptions for new construction.
(1) Exceptions to the residential masonry requirements, including an exception for buildings for farm animals, may be permitted on a case-by-case basis by the City Council upon a review and recommendation of approval from the Planning and Zoning Commission, submission and approval of elevation drawings of the subject structure, and material samples and after a public hearing is held. Before the tenth day prior to the public hearing, the city shall send notice via regular mail to all property owners, as indicated by the most recent tax appraisal roll, within 200 feet of the property on which the exception is requested.
(2) Barns used for agricultural or farm animal purposes on sites of ten acres or more are excluded from this masonry requirement.
(3) The City Council may consider any of the following criteria for establishing reasonable grounds for a special exception:
(a) Promotion of public safety through establishment of high-quality construction standards;
(b) Encouragement of high-quality development resulting in longevity, durability, and sustainability that ultimately strengthens the local tax base;
(c) Encouragement of visually appealing construction consistent with a community of excellence and livability as specified in the Comprehensive Plan; and
(d) Any other factors that the City Council deems pertinent and appropriate to determine the merits of an application for special exception under this section.
(D) Exemptions for non-conforming structures. Any non-conforming building existing as of March 15, 2011 is exempt from this section subject to the following provisions.
(1) The exterior walls of such non-conforming buildings may not be modified, altered, or enlarged in a way, which increases its nonconformity unless the modification, alteration, or enlargement is in conformity with the provisions of this section.
(2) Should a non-conforming building be moved for any reason or for any distance it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(3) The Board of Adjustment may authorize a special exception from divisions (D)(1) and (2) above so long as the exception is consistent with the provisions of § 159.49, Nonconforming Uses.
(E) Non-conforming structures destroyed by natural occurrence, disaster, or accident.
(1) A non-conforming building destroyed by natural occurrence, disaster, or accident, to an extent of more than 50% of its replacement cost at the time of destruction as determined by the Building Official or his or her designee, shall be reconstructed in conformity with the provisions of this section.
(2) The Board of Adjustment, pursuant to Tex. Local Gov't. Code, § 211.009, upon application duly filed by the applicant and deemed administratively complete by staff, may grant a special exception from the requirement of division (E)(1) provided that a property owner demonstrates a hardship in complying with the above requirement.
(F) Application fee required. At the time the special exception application is filed, the applicant shall pay a fee as determined by the fee schedule.
(Ord. 110315A, passed 3-15-2011; Ord. 160913-B, passed 9-13-2016; Ord. 181127A, passed 11-27-2018)