Sec. 10-345. Alternative Compliance

The planning director may approve alternative buffering and screening plans for any of the uses or accessory structures and uses for which screen standards are provided above. The planning director may deem an alternative landscape plan compliant with this article if the applicant can demonstrate that the proposed alternative meets at least two of the following criteria:

   a.   the alternative landscaping proposed will be functionally equivalent to the required standards in terms of coverage, shading, buffering, and tree canopy

   b.   the proposed alternative to these standards would represent an aesthetic improvement over what is required herein, through the installation of a the variety of plants, flowers, trees, and shrubs in innovative patterns and arrangements;

   c.   the natural land characteristics or existing vegetation on the proposed development site would achieve the intent of this article;

   d.   the proposed alternative screening materials will achieve an effect that is equivalent to the screening standards of this article;

   e.   the required landscaping or buffering would be ineffective at maturity due to topography or the location of improvements on the site; or

   f.   the proposed alternative represents a plan that is, in the opinion of the planning director, as good or better than a plan prepared in strict compliance with the other standards of this article.

Sec. 10-346. Solar energy devices

a. Except as provided in subsection b. of this Section, the City shall not regulate solar energy devices as defined in State law.
 
b. In accordance with Texas Local Government Code Chapter 229 or successor and Texas Property Code Section 202.010 or successor, a solar energy device is prohibited if the device:

   1.   Has been adjudicated by a court to threaten the public health or safety, or to violate a law;
 
   2.     Is located on property that is not owned or maintained by the property owner;
 
   3.   Is located in an area on the property owner's property other than:

      a.   On the roof of the home or of another structure allowed under Property Sec. 202.010(d) or successor.

       b. In a fenced yard or patio owned and maintained by the property owner;
 
   4.   If mounted on the roof of the home:

             a.   Extends higher than or beyond the roofline; or
  
b.   Does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or
 
       c.    Has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace;

   5.   If located in a fenced yard or patio, is taller than the fence line;

6. As installed, voids material warranties;
(Ord. No. 0-2021-70; 7/28/21)

Sec. 10-347-349 Reserved.

DIVISION E. Off-Street Parking and Loading